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The H1B visa was created by the Immigration and Nationality act and is a non-immigrant visa. It allows a company to employ foreign employees in the United States for a certain amount of time. The visa application is filed by the employer who petitions on behalf of 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 H2B visa is the equivalent to the H1B visa except it is for non-specialty occupations. 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 foreign worker must have at least a bachelor's degree (or equivalent) to qualify for a H1B visa. A foreign worker may also need a state license if required for his or her occupation. Some occupations are exceptions to this rule, however. Fashion models, for example, don't have to have a degree but do have 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. Smaller companies may employ a higher percentage of H1B workers before being classified as H1B dependant. In order to be an H1B dependant company, a few conditions must be followed. If a foreign employee is let go, the employer must pay for his travel back to his home country. Foreign workers with a H1B visa can work in the US from 3-6 years. 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, 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 or a loved one needs a visa in order to enter the United States, look for an 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 San Francisco immigration lawyers should be dedicated to satisfying each client by giving individual, responsive service and focused attention on each individual case and each client's needs.san francisco immigration attorney san francisco immigration attorneys san francisco immigration lawyer
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