Employment visa

H1B Visa information

The H1B Visa is the main Work Visa for International Professionals and International Students from all over the World, who want to work in America: The H1B visa is the 'primary' and most sought after USA work visa / work permit. An H1B visa is typically valid for up to six (6) years and entitles your spouse (husband/wife) and children to accompany you and live in America.

To get an H1B visa, you must find a Job with a US Company who will 'sponsor' (apply for) your H1B visa application. Individuals can NOT sponsor or apply themselves.

To obtain an H1B Visa, you must work in a 'specialty occupation':

Computing & IT, Telecoms, HealthCare, Finance & Accounting, Teaching, Legal, PR, Marketing & Advertising, Sales, Management and Engineering.

FAQ's

How long can a foreign national be in H1B status?

Under current law, you can be in H1B status for a maximum period of six (6) years at a time. After that time you must remain outside the USA for one year before another H1B petition can be approved. Certain people working on Defense Department projects may remain in H1B status for up to ten (10) years. In addition, certain aliens may obtain an extension of H1B status beyond the 6 year maximum period, when:

1) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant, or

2) 365 days or more have passed since the filing of an EB immigrant petition.

Who can an H1B alien (foreign national) work for?

H1B aliens can only work for the petitioning US employer (sponsor company) and only in the H1B activities (job duties) described in the visa petition. The sponsoring US employer may place the H1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. H1B aliens may work for more than one US employer, but must have a Form I-129 petition approved by each employer.

What if the foreign nationals circumstances change?

As long as the foreign national continues to provide HB services for a US employer, most changes will not mean that an foreign national is out of status. A foreign national may change H1B employers without affecting status, but the new H1B employer must file a new Form I-129 petition for the foreign national before he or she begins working for the new employer. The merger or sale of an H1B employer's business will not affect the foreign nationals status in many instances. However, if the change means that the foreign national is working in a capacity other than the specialty occupation for which they petitioned, it is a status violation.

Must an H1B employee be working at all times?

As long as the employer/employee relationship exists, an H1B employee is still in status. An H1B employee may work in full or part-time employment and remain in status. An H1B employee may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

Can an H1B visa holder travel outside the USA ?

Yes. An H1B visa allows the holder to reenter the USA during the validity period of the visa and approved petition.

Can an H1B visa holder intend to immigrate permanently to the USA ?

Yes. An H1B visa holder can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident (Green Card) status without affecting their H1B status. This is known as "dual intent" and has been recognized in the immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, an alien may travel on his or her H1B visa rather than obtaining advance parole or requesting other advance permission from Immigration to return to the USA.