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H-1B Visas
An H-1B visa, known
as the
"professional worker's visa," is reserved for people
within "specialty
occupations," who are considered for admission
on the basis of their
professional education or their skills,
or both. It permits U.S.
companies to enhance their workforce
by employing highly skilled
foreigners. It is the most common
and, usually, the easiest non-immigrant
visa to obtain.
Who
is eligible for an H-1B Visa
* College degree holders
or
higher, or
* Its equivalent in work
experience,
or
* In rare instances, certain
people in specific occupations, such as supermodels, and
* A job offer from a U.S.
company
that agrees to sponsor the visa holder, and
* In a position with the
sponsoring
company that requires the person to hold a four-year
degree or its
equivalent in experience and the wage paid
is the prevailing wage
for such a job within that jurisdiction
The spouse and unmarried, minor children of the H-1B visa
holder
are eligible for H-4 visas, though they will not be
permitted to
work in the US.
What
are the Limitations of H-1B visa
The visa is good for a maximum of three years, which may be
extended
another three years. After six years in H-1B status,
the person
must remain outside the United States for one
year before being
eligible to apply for another H-1B visa.
The visa-holder may only work for the sponsoring employer
in the
job specified in the sponsoring employer's petition.
If visa holders
wish to change jobs, they must obtain a new
H1-B visa. This can
be done without leaving the United States
by filing a new petition
with the U.S. Immigration and Naturalization
Service.
With the October 17, 2000 enactment of the American Competitiveness
in the Twenty-First Century Act of 2000, applicants may begin working
at their new job immediately upon filing the petition. Previously,
applicants had to wait for approval before beginning work for their
new employer. If the new petition is denied, work authorization
ceases.
The number of visas issued had been set at 65,000, but was
increased
to 115,000 through legislation for the year 2000.
The 2000 Act extended
the limit to 195,000 for each of the
next three years. Furthermore,
Section 103 of the Act provides
that H-1B visas sponsored by higher
education institutions,
nonprofit research organizations and government
research
organizations are not to be counted toward the cap.
What is the procedure to get H-1B
Visa?
# The sponsoring employer
must
first inquire at a state or local level what the prevailing
wage
is for the position expected to be filled by the visa
holder.
#
Sponsoring employer files a labor condition application with the
U.S. Department of Labor that outlines specific information about
the job, including the prevailing wage and the working conditions.
#
Sponsoring employer then files an I-129 petition with the U.S. Immigration
and Naturalization Service (INS) accompanied by a $110 filing fee,
as well as an additional $500 fee imposed under the American Competitiveness
and Workforce Improvement Act of 1998.
#
Once the INS approves the I-129 petition, the visa seeker may then
apply for the H-1B visa.
Steps
To
Take
An
employer files a labor attestation, Form ETA-9035, Labor Condition
Application for H-1B Nonimmigrant, with the U.S. Labor Department
Employment and Training Administration. Once the employer gets approval
from the Labor
(Continued....)
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Registration of Foreigners in India
Regulations Applicable To Foreigners In
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Work Visas
There are
several kinds of visas that allow you to work in the United
States. Some of these visas are non-immigrant visas that are
issued for fixed time periods and usually specific jobs, and
the rest are permanent residence visas - green cards - that
allow you work any job and become a U.S. citizen.
Non-Immigrant
Visa
The most common
and easiest to obtain non-immigrant visa is the H-1B
professional person's visa. If you have a college degree or
higher and have a job offer from a U.S. company that will
sponsor you, you can obtain an H-1B visa. The visa traditionally
takes around 30 days to obtain, is valid for one to three
years, is renewable, and requires that you work only for the
sponsoring company. If you want to change jobs, you will need
to obtain a new H-1B visa.
If you come from a country that has a treaty of navigation
with the U.S. - such as any country from the European Union
- you can obtain an E-2 visa that allows you to start your
own business in the U.S. The business must be well capitalized,
with at least $25,000, and not represent your only source
of income. You can also obtain the E-2 visa in roughly 30
days. The H-1B and the E-2 visas are non-immigrant visas that
can be converted to permanent residence visas.
There are also visas for people of unique abilities
such as
professional athletes and scientists.
An investment visa allows you to invest $500,000 in
a business
in a rural area or $1,000,000 in an urban
area. The investment
visa is a permanent residence
visa.
Sponsorship
If you do not have
a
college degree or skills that are in demand, such
as computer
software engineering or nursing, you must
have a job offer
with a U.S. company that is willing
to sponsor you for a labor
certification. This process
takes many years to complete but
leaves you with a
green card.
Why
Visas Are Denied
The immigration laws
of the United
States, in order to protect the health, welfare,
and
security of the U.S., prohibit the issuance of a visa
to certain applicants. Examples of applicants who must be
refused visas are those who:
* Have a communicable
disease, or have a dangerous physical or mental disorder.
* Have committed
serious
criminal act.
* Are terrorists,
subversives,
members of a totalitarian party, or former
Nazi war criminals.
* Have used illegal
means to enter the U.S.
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Work Visas (Continued....)
Department,
the employer then files the following with
the Immigration
and Naturalization Service:
#
A
INS
Form I-129, Petition for a Nonimmigrant Worker, along
with a $110 filing fee
#
A INS Form I-129W,
which allows the INS to record statistical
information
as required by the American Competitiveness and
Workforce
Improvement Act of 1998 (ACWIA)
#
A fee, as required
under the ACWIA: $1000 now, $500 before
December 17,
2000
#
The approved
labor attestation from the Labor Department
#
Proof of the
alien's academic qualifications and professional
experience
#
A letter from
the sponsoring company describing its business
and
the job it intends to fill with the H-1B visa recipient,
why the alien is particularly qualified, and including a statement
that the company will pay the costs of the alien's return
trip abroad if employment is terminated before the visa authorization
period expires
Once
the company receives approval from the INS, the prospective
H-1B visa holder should then apply for the visa at the nearest
U.S. consulate by filing:
#
An
optional Form 156, Nonimmigrant Visa Application
#
A passport photograph
#
The original
H-1B approval notice receipt issued to the company
by the INS
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