There are many types of visas available to immigrants who want to work, but the requirements put forth by each type of application can vary widely. The H-1B visa is one such visa that is often in high demand, and if you think that you may qualify for one then you’ll want to talk to our Virginia immigration lawyers.
What Kind of Workers Are Offered an H-1B Visa?
An H-1B visa can only be granted to certain kinds of workers. The general rule is that they must work in a “specialty application” that requires knowledge and skills that not just anyone could replicate. A bachelor’s degree or higher is often a necessity.
You don’t just have to meet high standards to secure this kind of visa. You also have to be lucky enough to secure one despite the cap on such applications. The current limit is 65,000 new visas per year with some additional slots available for applicants with higher degrees. This cap is part of the reason why employers need to have a plan if they want to sponsor a worker and employ them.
How Does the Application Process For an H-1B Visa Work?
That’s right, it’s the employer that ends up doing the bulk of the work required by an H-1B visa application. They need to file paperwork with the USCIS and most have to pay significant filing fees as well. The employer also needs to follow a few important rules and show that:
They are going to pay an immigrant worker the same wage that they would pay similarly qualified American workers
These H-1B workers are not interfering with a lockout or strike
Working conditions won’t adversely affect other, similarly employed workers
An employer that does not follow the rules could be hit with fines and prevented from sponsoring workers in the future.
How Long Can a Visa Holder Stay in the United States?
In most cases, an H-1B visa can be approved for a stay of up to three years. They can also be extended to a maximum of six years. If a worker wants to apply for this visa again, they will usually be required to stay outside of the United States for a full year before being sponsored again.
What is the “Portability” Provision?
So what happens if an immigrant wants to change jobs? An H-1B visa is tied to an employer, but that doesn’t leave someone completely without options if they lose their job. Another employer would have to file a petition on behalf of the worker if they want to hold onto their H-1B status. Some potential complications can arise here though, which is why we always recommend talking to an attorney.
Meet With Our Legal Team
If you have questions about any kind of visa, we’re here to answer them. Contact Goel & Anderson if you want to know more about how we can help you and your loved ones with any immigration issues.
