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Looking For Information On The H1B Visa? Skilled San Francisco Immigration Lawyers Explain 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. The visa application is filed by the employer who petitions on behalf of the prospective employee. The H1B visa was created for companies that employ staff in "specialty occupations", or jobs that require a high amount of specialized knowledge. The H1B's non-specialty counterpart 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. Examples include jobs in architecture, engineering, science, education, and the arts. 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. Some occupations, fashion model for example, do not require workers to have a degree. In this case workers must be "of distinguished merit and ability." A firm must have a workforce of at least 50 and have 15% H1B workers to be considered H1B dependant. A small company may hire more than 15% foreign workers and not be considered H1B dependant. In order to be an H1B dependant company, a few conditions must be followed. If a foreign employee is let go, the employer must pay for his travel back to his home country. Employees with a H1B visa can work in the US for three to six years. Employees can apply for a two-year extension after that, followed by yearly extensions. 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. Under a H4 visa, if a person holds a H1B visa he/she can bring their dependants with them into the US. Children under 21 and partners are included in dependants. 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 . Those classified as non-resident are subject to tax only from their earnings in the US, whereas resident aliens are taxed on income from and outside the US. If you wish to visit the United States and need a visa, seek out anLaw Offices of Gali Gordon who is dedicated to achieving your immigration goals effectively and efficiently. Find a law firm 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 Attorney Gali Gordon should be dedicated to client satisfaction by providing responsive, individualized service and focused attention on each individual case and each client's needs.
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