There is a special visa for the non-immigrants of United States who want to work in the companies situated in USA. The H1B Visa allows the companies to temporary employ the foreign employees for the specialized job designation. They can hire the non-residential worker in the specialized occupations like architecture, engineering, mathematics, science, and medicine which requires a technical and theoretical expertise. Under the H1B visa, the US company can employ a foreign worker for up to six years.
Applying for a non-immigrant visa is generally quicker than applying for a US Green Card, therefore the H-1B visa is popular for companies wishing to bring in staff for long-term assignment in the US.
It is not in hands of the individuals to apply for the H1B visa, only the employer can file the petition for the respective employee to choose to hire for the required position. The worker has to find such H1B sponsoring companies for the work. The daunting process of filing the visa application six months prior to the starting date of visa makes things tough for the employer and employee both.
For every fiscal year there is a limit to the amount of H1B visa being granted by the US embassy. The current scenario gives 85,000 H1B visas. The number is divided into two parts which permits 65000 new H1B visa to the oversea workers and the rest 20,000 are for the specialized degree holders from the US institutes through the OPT and CPT programs.
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Most of the big companies like Google, Microsoft, Amazon and hundreds of other companies will sponsor work visas. The necessity to sponsor a work visa will not be a deterring factor in most of the cases for the big/medium sized companies from hiring a good candidate.
If a worker wants to quits the H1B visa status
If a worker on H1B status is dismissed by the employer sponsoring
In the above mentioned case what a candidate,
Must apply for different non-immigrant status
Must try to find different H1B sponsorship providing company
If the above two mentioned ways fail to provide a solution, then the only way left is to leave the boundaries of USA.
Not everyone is eligible to have the H1B visa and enter the premises of Unites States of America gaining the work authority. There are certain eligibility criteria which need to be fulfilled in order to qualify for the H1B visa.
Should possess Bachelors or higher degree, it is because the jobs which offer H1B service can only be filled by the qualified person. The requirement of degree is common among the top notch companies. The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree. The Bachelor’s degree should have been completed by the US University in the specialized field. The person should hold an unrestricted state license, certification or registration which provides the authorization to fully work.
The H1B visa duration can be from three to maximum six years. What generally is advisable and seen amongst the H1B visa holders is that they apply for the Green Card during that time duration and the success rate for the approval of green card is 90%. The reason is H1B visa category is has the dual intent. The H1B visa can be renew by sending the I-140 form. The process is not so easy and can lead to several repetitions if the employer decides to drop the employee while his application is in process. During such calamity, the suffered person has to either leave the country or contact another employer.
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H1B holders who want to continue to work in the U.S. after six years, but who have not obtained permanent residency status, must remain outside of the U.S. for one year before reapplying for another H-1B visa
The Taxation for the H1B visa holders depends on the category they are filtered into. The categories are nonresident alien and the resident alien. The nonresident alien have to pay tax for the income they earn within the US while the residents have to pay for the income they while within the US or outside.
There is a benefit on the H1B visa to bring the dependents with them under the H4 Visa; they can stay as long as the H1B holder has the legal stay permission. But they are abstain to do work or getting the social security number and other government benefits.
The other limitation is H-1B nonimmigrants may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. Generally, a nonimmigrant employee may work for more than one employer at the same time. However, each employer must follow the process for initially applying for a nonimmigrant employee.
There is no age discrimination but majority of the H1B visa holders are between 25-34 ages.