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The H1B visa is a non-immigrant visa, created under the Immigration and Nationality Act. A company can hire foreigners in the U.S. for a certain amount of time. Prospective employees do not apply for this visa - employers must do so and petition for them. Companies who have jobs that require specialized knowledge or "specialized occupations" use this visa. The H2B visa is the equivalent to the H1B visa except it is for non-specialty occupations. "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. To be brought to the US on a H1B visa, a foreign worker must have a minimum of a bachelor's degree or equivalent. If required for their particular occupation, the foreign worker must also posses a state licensure. Some occupations are exceptions to this rule, however. Fashion models, for example, don't have to have a degree but do have to 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 company with fewer than 50 workers may hire a higher percentage of foreign workers without being considered H1B dependant. There are a few conditions an H1B dependant company must follow. Travel must be paid for an employee to return to their home country if the employer lets them go. Employees with a H1B visa can work in the US for three to six years. Extensions can be sought for a 2-year period then by one year 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. Some H1B holders apply for permanent residence (green card status) during their time as a temporary resident, though it is likely they will have to extend their H1B period before their green card application is 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. 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. H1B holders are classified as either "resident aliens" or "non-resident" aliens and are responsible for paying income tax based on their alien status . Resident aliens are taxed on earnings from both inside and outside the US whereas non-residents are only taxed on earnings from inside the US. If you wish to visit the United States and need a visa, look for an immigration lawyer in San Francisco whose priority it is to achieve your goals efficiently and effectively. Find a law firm 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. Be sure you hire San Francisco immigration lawyers who are committed to client satisfaction by providing responsive, individualized service and focused attention to each client’s immigration issues.san francisco immigration attorney san francisco immigration attorneys san francisco immigration lawyer
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