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The H1B Visa Discussed By A Qualified Immigration Lawyer in San Francisco 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. Employers apply for the visa and petition on the behalf of the prospective employee. Companies who have jobs that require specialized knowledge or "specialized occupations" use this visa. 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. Examples include jobs in architecture, engineering, science, education, and the arts. 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. There are a few exceptions to this - such as fashion models, which need no degree but 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 company with fewer than 50 workers may hire a higher percentage of foreign workers without being considered H1B dependant. Employers must adhere to a few conditions to be an H1B employer. If a foreign employee is let go, the employer must pay for his travel back to his home country. H1B visas last for three to six years for successful employees. Extensions can be sought for a 2-year period then by one year after that. The H1B is a non-immigrant visa but it's also a "dual intent" visa which means workers in the US with this visa can have the intent to immigrate. Foreigners who are in the US with a H1B visa can apply for a green card (permanent residence) while they are here on a temporary basis but they will likely have to apply for an extension before the application is approved. Dependants, partner and children under 21, are allowed to come to the US with a H1B holder under H4 visas. Although not allowed to work in the US, H4 holders can stay in the US as long as their associated H1B holder. 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") . If a H1B holder is a non-resident alien, he is only taxed on earnings from in the US; resident aliens must pay taxes on income from inside and outside the US. If you or a family member needs a visa so that they can gain entry into the United States, seek out anLaw Offices of Gali Gordon immigration lawyer in San Francisco whose priority it is to achieve your goals efficiently and effectively. Look for attorneys with proficiency 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. Your Attorney Gali Gordon should be dedicated to satisfying each client by providing responsive, individualized service and focused attention to each client’s immigration issues.
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