H-1B Visa
The H-1B Visa has become a somewhat mythical visa category over the years. It’s the visa everybody wants, and it is the visa that receives the most attention. The laws regarding the H-1B Visa constantly change; interested candidates should stay informed about the frequent updates to the law.
The H-1B Visa is a non-immigrant visa that allows employers in the United States to temporarily employ foreign workers in “specialty occupations” that require highly specialized knowledge in fields such as science, engineering, mathematics, computer programming, medicine, and health. This visa is highly sought after by skilled foreign workers looking to come to the United States for work.
To qualify for an H-1B Visa, a foreign worker must have at least a bachelor’s degree or its equivalent in a specialty field. The employer must also show that the job being offered requires a specialized degree and that the foreign worker’s qualifications match the job requirements. Additionally, the employer must pay the foreign worker the prevailing wage for the job, which is typically higher than the average wage for that occupation.
The H-1B Visa is a popular option for foreign workers because it allows them to work for up to three years with the possibility of an extension for up to six years. During this time, the worker can apply for permanent residency (a “green card”), which would allow them to stay in the United States indefinitely.
In addition to being used in a variety of industries, the H-1B Visa is also commonly used by the Department of Defense (DOD) to hire foreign workers with specialized skills needed to support national defense efforts. The DOD is one of the largest users of the H-1B Visa program, and it has been criticized in the past for hiring foreign workers instead of U.S. citizens.
Spouses and unmarried children under the age of 21 of H-1B visa holders are eligible to apply for H-4 dependent visas. H-4 visa holders are allowed to enter and stay in the United States for the same period of time as the primary H-1B visa holder. However, H-4 visa holders are not allowed to work in the United States unless they obtain an Employment Authorization Document (EAD).
The ability of spouses and children to accompany H-1B visa holders to the United States and obtain dependent visas is an important aspect of the H-1B program. It allows families to stay together and often provides spouses with valuable opportunities to pursue education and other activities while living in the United States.
The H-1B Visa is a valuable tool for both employers and foreign workers looking to come to the United States for work. It provides a pathway to permanent residency, which can lead to citizenship. It allows U.S. companies to tap into a highly skilled and diverse talent pool. However, the H-1B Visa program has also been criticized for displacing American workers and depressing wages in certain industries.
Whether you are an employer looking to hire a skilled foreign worker or a foreign worker seeking to come to the United States to work in a specialty occupation, the attorneys at Esani & Momin can help. To learn more about the H-1B Visa, contact an experienced Sugar Land lawyer today at the Law Firm of Esani & Momin.
