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What is an H1B visa?
Overview
The H1B visa permits overseas professional
or 'specialty
employees' to work in the United States for a specified period of time
for the petitioning employer.
The visa category basically permits employees who have either a degree or professional work experience equivalent to a degree to work in the United States for a petitioning employee in their professional filed.
For example, an overseas national with a BSc in mechanical engineering could obtain a H-1b visa to work for an American company who wished to employ him as a mechanical engineer. Or an MBA graduate would use this via category to work as a business analyst for a US employer.
The H-1b category has certain advantages, namely;
The employer does not have to show that there are no suitable and qualified US citizens available for the job-(contrast this to the labor certification process)
The H-1b-that is as long as the annual quota is not used up-is relatively quick to obtain, especially if the applicant pays the additional $1000 charge for premium processing
A H-1b employee is able to hold 'dual intent'. This is an exception to the general rule that nonimmigrant visa holder may NOT simultaneously apply for a green card-i.e. 'have immigrant intent'. A H-1b visa holder may even adjust status to that of permanent resident whilst remaining in status
Occupations considered suitable for H-1b status: systems analysts, architecture, certain health care workers, university teaching, engineering, law, accounting, financial analysis, management consulting, sales and marketing, and scientific research positions.
The duration of this visa: the status or visa is usually
granted for an initial period of up to three years. This can then be
extended for up to a combined total of six years. The worker's
In the event that the holder has applied for labor certification prior
to the commencement of the sixth year, his status
can be extended beyond the 6 year maximum in yearly increments.
The limit on the number of H1B visas issued - the annual H1B Cap-
The cap for fiscal year 2004 is currently set at 65,000.
In the event that the cap is reached, new approvals will receive a
start date for the upcoming October 1st.
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