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The H1B Visa Discussed By A Qualified Immigration Lawyer in San Francisco The Immigration and Nationality Act created the H1B visa, a non-immigrant visa. A company can hire foreigners in the U.S. for a certain amount of time. Application for this visa is the responsibility of the employer, not the prospective employee. Companies that hire employees in "specialty occupations" and have jobs that need specialized knowledge inspired the creation of this visa. The H2B visa is the equivalent to the H1B visa except it is for non-specialty occupations. A specialty occupation requires application that's both theoretical and practical as well as highly specialized knowledge in a field of human endeavor, as defined by the US government. Jobs in education, science, architecture, engineering and the arts typically fall into the specialty occupations category. Foreign workers brought in the USA on a H1B visa must possess, as a minimum requirement, a bachelor’s degree or equivalent. A state license may also be needed if required for their occupation. There are a few exceptions to this - such as fashion models, which need no degree but must be "of distinguished merit and ability." In order for a business to be H1B dependant, it must hire at least 15% H1B workers and have 50 or more workers total. A company with fewer than 50 workers may hire a higher percentage of foreign workers without being considered H1B dependant. In order to be an H1B dependant company, a few conditions must be followed. If a company lets an H1B employee go, they are responsible for paying for the ex-employee's travel back to their home country. Foreign workers with a H1B visa can work in the US from 3-6 years. After that, they can apply for an extension of up to two years, then one year at a time after that. The H1B is a non-immigrant visa but it's also a "dual intent" visa which means workers in the US with this visa can have the intent to immigrate. Foreigners who are in the US with a H1B visa can apply for a green card (permanent residence) while they are here on a temporary basis but they will likely have to apply for an extension before the application is approved. Under a H4 visa, if a person holds a H1B visa he/she can bring their dependants with them into the US. Dependants include partners and children under 21. Rules of the H4 visa include being able to stay in the US as long as the H1B holder but they are not allowed to work in the US. Income tax must be paid by H1B holders and depends on whether they live in the country ("resident aliens") or live outside the country ("non-resident aliens") . Only income from inside the US is taxable for non-residents; income from both inside and outside the US i8s taxable for resident aliens. If you wish to visit the United States and need a visa, look for anLaw Offices of Gali Gordon whose priority it is to achieve your goals efficiently and effectively. Look for attorneys with proficiency in all types of immigration cases such as complex deportation and asylum cases, green cards, employment-based visas, non-immigrant business visas, family-based immigration, etc. Your Attorney Gali Gordon should be dedicated to client satisfaction by giving individual, responsive service and focused attention on each individual case and each client's needs.
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