|
|
H-1B H-1B Visa Lawyers in Silicon Valley, San Jose, San Francisco
Bay Area, California Workers in Specialty Occupations
INA §101(a)(15)(H)(i)(b), 8 CFR §214.2(h)(1)(B) What is an H-1B Visa? The H-1B Visa is a temporary work visa for professionals working in specialty occupations. A specialty occupation requires (a) theoretical and practical application of a body of highly specialized knowledge, and (b) attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the U.S. An H-1B visa must be filed by a U.S. employer on behalf of a foreign worker. In this way it is an employer driven process. There are a maximum of 65,000 H-1B visas per year, with 6,800 reserved for Chile and Singapore under free trade agreements. This leaves only 58,200 new H-1B visas per year. Click here to view application process flowchart Who uses an H-1B Visa? The H-1B visa is most often associated with high tech workers – i.e. engineers, computer programmers, IT specialists, but it can also be used for accountants, architects, doctors, teachers, researchers or any other profession which requires someone with specialized knowledge. How long can someone be on an H-1B visa? An H-1B visa is granted initially for up to 3 years. Additional extensions up to 6 years may also be obtained. Yearly extensions beyond 6 years are available where the individual has met certain requirements under AC21. Can you apply for permanent residence while on an H-1B visa? An H-1B visa is a “dual intent” visa. This means that a person on an H-1B visa can have the temporary intent to work for an H-1B employer, but also have the intent to permanently reside in the U.S. Thus, because of this dual intent, a person on an H-1B visa can also simultaneously have their application for permanent residence be pending – and it does not matter whether the petition for permanent residence is family-based or employment-based. |