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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. Application for this visa is the responsibility of the employer, not the prospective employee. The reason the H1B visa was created was for companies who have jobs that require specialized knowledge or have "specialized occupations". The H1B's non-specialty counterpart is the H2B visa. The US government defines specialty occupations as including, but not limited to, "specialty occupation" as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor. Engineering and architecture typically fall into the specialty occupations category as well as jobs in the arts, science and education. 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. Not every occupation requires a degree; an example being fashion model which only requires employees to 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. There are a few conditions an H1B dependant company must follow. If they dismiss a H1B employee, they are responsible for any travel ticket costs for the ex-employee to return to their home country. Foreign workers with a H1B visa can work in the US from 3-6 years. Extensions can be sought for a 2-year period then by one year after that. 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, partner and children under 21, are allowed to come to the US with a H1B holder under H4 visas. 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) . 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. 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. Your Attorney Gali Gordon should be 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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