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An Experienced Immigration Lawyer in San Francisco Explains The H1B Visa The H1B visa was created by the Immigration and Nationality act and is a non-immigrant visa. For a certain period of time employers in the U.S. can hire foreigners with this visa. Employers apply for the visa and petition on the behalf of the prospective employee. Companies that hire employees in "specialty occupations" and have jobs that need specialized knowledge inspired the creation of this visa. For non-specialty occupations, the H2B visa is used. 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. Engineering and architecture typically fall into the specialty occupations category as well as jobs in the arts, science and education. 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." In order for a business to be H1B dependant, it must hire at least 15% H1B workers and have 50 or more workers total. A higher percentage of H1B workers may be hired by smaller companies without being classified as H1B dependant. Employers must adhere to a few conditions to be an H1B employer. Travel must be paid for an employee to return to their home country if the employer lets them go. H1B visas last for three to six years for successful employees. 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. 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. Dependants are allowed to come with an H1B holder with a H4 visa. Dependants include partners and children under 21. H4 holders may not work in the US, but they may remain there as long as their associated H1B holder does. H1B holders are subject to income tax based on whether they are classified as ‘non-resident aliens’ or ‘resident aliens’ (in other words, whether they live in the country or not) . 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 anLaw Offices of Gali Gordon who is dedicated to achieving your immigration goals effectively and efficiently. 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 Attorney Gali Gordon who are dedicated to client satisfaction by giving individual, responsive service and focused attention to each client’s immigration issues.
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