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An Experienced Immigration Lawyer in San Francisco Explains The H1B Visa The Immigration and Nationality Act created the H1B visa, 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. Companies that hire employees in "specialty occupations" and have jobs that need specialized knowledge inspired the creation of this visa. The H1B's non-specialty counterpart 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. Jobs in education, science, architecture, engineering and the arts typically fall into the specialty occupations category. A foreign worker must have at least a bachelor's degree (or equivalent) to qualify for a H1B visa. A state license may also be needed if required for their 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 small company may hire more than 15% foreign workers and not be considered H1B dependant. In order to be an H1B dependant company, a few conditions must be followed. 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 visas are "dual intent" visas meaning that although they are non-immigrant visas, those who hold this visa may intend to immigrate to the US. H1B residents can apply for a green card while here as a temporary resident but they will likely need to apply for an extension to allow time for the application be approved. Dependants are allowed to come with an H1B holder with a H4 visa. Dependants include partners and children under 21. Although not allowed to work in the US, H4 holders can stay in the US as long as their associated H1B holder. 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) . Those classified as non-resident are subject to tax only from their earnings in the US, whereas resident aliens are taxed on income from and outside the US. If you wish to visit the United States and need a visa, look for anLaw Offices of Gali Gordon whose priority it is to achieve your goals efficiently and effectively. Find a law firm 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 committed 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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