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The H1B visa was created by the Immigration and Nationality act and is a non-immigrant visa. A company can hire foreigners in the U.S. for a certain amount of time. The visa application is filed by the employer who petitions on behalf of the prospective employee. Companies who have jobs that require specialized knowledge or "specialized occupations" use this visa. The equivalent visa to the H1B for non-speciality occupations is the H2B visa. "Specialty occupation" is defined by the US government as an occupation that requires practical and theoretical application of a subject in a particular field. Jobs in education, science, architecture, engineering and the arts typically fall into the specialty occupations category. A minimum of a bachelor's degree (or equivalent) is required for a foreign worker to come to the US on a H1B visa. A foreign worker may also need a state license if required for his or her occupation. There are a few exceptions to this - such as fashion models, which need no degree but must be "of distinguished merit and ability." A business must meet two requirements to be H1B dependant: a workforce of 50 or more employees, at least 15% of which are H1B workers. A higher percentage of H1B workers may be hired by smaller companies without being classified as H1B dependant. A company must adhere to a few conditions if they are a H1B dependant employer. Travel must be paid for an employee to return to their home country if the employer lets them go. H1B visas last for three to six years for successful employees. After that, they can apply for an extension of up to two years, then one year at a time after that. H1B residents can have the intent to immigrate under this "dual intent" visa, even though it is a non-immigrant visa. H1B residents can apply for a green card while here as a temporary resident but they will likely need to apply for an extension to allow time for the application be approved. Dependants, partner and children under 21, are allowed to come to the US with a H1B holder under H4 visas. Although not allowed to work in the US, H4 holders can stay in the US as long as their associated H1B holder. H1B holders are classified as either "resident aliens" or "non-resident" aliens and are responsible for paying income tax based on their alien status . 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 an immigration lawyer in San Francisco who is dedicated to achieving your immigration goals effectively and efficiently. Look for attorneys with expertise 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 San Francisco immigration lawyers should be committed to client satisfaction by giving individual, responsive service and focused attention on each individual case and each client's needs.san francisco immigration attorney san francisco immigration attorneys san francisco immigration lawyer
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