Understanding the Requirements and Benefits of H1-B Visa

The H1-B is an employment-based non-immigrant visa type. It allows employers in the US to recruit foreign professionals within the country for a certain period of time. This visa provides an opportunity for workers from various countries in specialty professions to work and live in the US. The workers or employees are allowed to live for six consecutive years in the country. Their spouse as well as children can also accompany them. The dependants can live legally on H-4 visa.

Requirements to Qualify for this Visa

• Twelve years of Work Experience

• Bachelor’s or Masters Degree

• A combination of further education and work experience

One must meet any one of the above mentioned criteria. The general qualification rule is,

1. Every one year work experience will fetch you 1 point

1. Every one year of studies at College/University will fetch you 3 points.

It is mandatory to have 12 points in order to qualify for this visa program. Foreign nationals cannot apply for H-1B themselves. Also, the number of such visas issued every year depends on the annual cap, which is decided by the United States Congress.

Occupations that Meet the Criteria for the Visa

Specialized knowledge in the areas of human endeavours mentioned below is preferred

1. Computing

1. Telecommunication

1. Sales and Marketing

1. Recruiting

1. Banking

1. Finance and Accounting

1. Arts

1. Theology

1. Biotechnology

1. Education

1. Business

1. Healthcare/Medicine

1. Engineering

1. Architecture

1. Mathematics

Benefits of filing H-1B

1. Multiple Year Duration

Initially, the visa is granted for three years. However, it can be extended up to 2 years in the 1^st instance and then for another year later on. A maximum of six consecutive years of visa is issued. In certain cases, it can be extended past this six year limit.

The Visa can be extended in the following situations

a) If the worker holding H-1B visa has filed for an I-140 petition or Labour Certification application 365-days before the expiry of 6-year limitation and the processing is pending, then the H1B holder can extend his visa annually beyond the 6-year constraint. Also, there is not fixed upper limit, when it comes to total number of years the visa could be extended, provided that the process of immigration is ongoing.

b) In case, the visa holder has approval of I-140 petition, but does not have immigrant visa number due to retrogression of visa, then the H-1B holder might get extension of this visa in 3-year gap beyond the 6-year limitation.

2. H-1B Visa for both Working and Green Card

Being a ‘Dual Intent Visa’, H-1B can also be used to apply for the Green Card by the foreign employee. Another advantage is that the employee can also apply for permanent citizenship. This visa is quite beneficial for a highly specialized employee, who wants to work in the United States.

If the employer decides to dismiss a foreign worker before the visa is expired, then the company is liable to pay the ticket cost, so that the employee can return to the place of his/her last foreign residence. However, if the foreign worker with H1B visa resigns, then the worker should find another employer or leave the country.

3. Dependents Allowed to Attend College/School

The spouse and children (below 21 years) of H-1B holder are allowed to attend College/School on full time or part-time basis under H-4 status.

4. An opportunity to Create Own Business and Employ Self as a Worker

It is not necessary to be a legal permanent resident or the US citizen to start your business in the country. However, if you want to work for other companies or your own, then authorization is required from the USCIS. USCIS will access the real business requirements and your ability to pay. A valid work authorization is required to work in your own organization as an employee.