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Created under the Immigration and Nationality Act, the H1B visa is a non-immigrant visa. A company can hire foreigners in the U.S. for a certain amount of time. Employers apply for the visa and petition on the behalf of the prospective employee. The reason the H1B visa was created was for companies who have jobs that require specialized knowledge or have "specialized occupations". 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 such as engineering, arts, education, architecture and science are examples of specialty occupations. 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 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." A H1B dependant employer is defined as a firm, of 50 employees or greater, that has a fifteen per cent or greater percentage of their workforce under H1B status. A small company may hire more than 15% foreign workers and not be considered H1B dependant. A company must adhere to a few conditions if they are a H1B dependant employer. If they dismiss a H1B employee, they are responsible for any travel ticket costs for the ex-employee to return 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. Although H1B is a non-immigrant visa, it is a "dual intent" visa, meaning H1B residents in the US may hold the intent of immigration. 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. H1B holders are also allowed to bring their dependants into the US with them (that is, their partner and children under 21) under H4 visas. H4 holders can stay in the US as long as their H1B holder but they cannot work in the US. H1B holders are classified as either "resident aliens" or "non-resident" aliens and are responsible for paying income tax based on their alien status . If a H1B holder is a non-resident alien, he is only taxed on earnings from in the US; resident aliens must pay taxes on income from inside and outside the US. If you wish to visit the United States and need a visa, seek out an immigration lawyer in San Francisco whose priority it is to achieve your goals efficiently and effectively. Look for attorneys with expertise in green cards and non immigrant business and employment-based visas (such as H-1B’s, L-1’s, O-1’s and others), family-based immigration, waivers of inadmissibility (including J-1 waivers), citizenship and naturalization, and complex deportation and asylum cases. Your San Francisco immigration lawyers should be committed to satisfying each client by providing responsive, individualized 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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