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The H1B Visa Discussed By Experienced San Francisco Immigration Lawyers Created under the Immigration and Nationality Act, the H1B visa is a non-immigrant visa. It allows a company to employ foreign employees in the United States for a certain amount of time. Application for this visa is the responsibility of the employer, not 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. 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. If required for their particular occupation, the foreign worker must also posses a state licensure. 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 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 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. If a company lets an H1B employee go, they are responsible for paying for the ex-employee's travel back to their home country. 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. 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. 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 . 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 or a family member needs a visa in order to enter the United States, look for anLaw Offices of Gali Gordon whose priority it is to achieve your goals efficiently and effectively. Find a law firm 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. Be sure you hire Attorney Gali Gordon who are 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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