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San Francisco Immigration Lawyers Explain The H1B Visa Created under the Immigration and Nationality Act, the H1B visa is a non-immigrant visa. This visa allows employers to hire foreigners for a certain time period. Prospective employees do not apply for this visa - employers must do so and petition for them. Companies that hire employees in "specialty occupations" and have jobs that need specialized knowledge inspired the creation of this visa. The equivalent visa to the H1B for non-speciality occupations is the H2B visa. In order to qualify for a specialty occupation, as defined by the US government, you must have theoretical and practical knowledge of a specialized field of study. Examples include jobs in architecture, engineering, science, education, and the arts. 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. Not every occupation requires a degree; an example being fashion model which only requires employees to 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. In order to be an H1B dependant company, a few conditions must be followed. 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. 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. Although an extension is usually needed to allow time for the application to be approved, H1B holders can apply for permanent residence while here as a temporary resident. Dependants are allowed to come with an H1B holder with a H4 visa. Dependants include partners and children under 21. 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. Income tax must be paid by H1B holders and depends on whether they live in the country ("resident aliens") or live outside the country ("non-resident aliens") . 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 anLaw Offices of Gali Gordon 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. Be sure you hire Attorney Gali Gordon who are dedicated to satisfying each client by giving individual, responsive service and focused attention on each individual case and each client's needs.
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