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H1B Visa Application
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| The H1B Visa is a United States nonimmigrant visa. It allows a U.S. company to employ a foreign individual for up to six years and it may lead to a Green Card.
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The H-1B visa is
a non-immigrant visa that allows business professionals to work in the United
States for a specific amount of time. The purpose of the
H-1B visa is to
give U.S. employers the opportunity to hire foreign professionals if a U.S.
citizen or resident is not available. In order for the
H-1B visa to be
issued, both the employer and employee must satisfy specific requirements.
Employer Requirements:
- The job offer must be in a specialty occupation such as architecture,
engineering, mathematics, etc.
- There are criteria for wages offered and the actual job performed
- No U.S. citizen or resident must be available for the job
- The petition must be submitted by the company (not the employee)
Employee Requirements:
- A Bachelor degree
- Specialized skill
- Speak and read English
Employee Rights:
- Vacation
- Sick leave
- Maternity leave
- Paternity leave
- The spouse may enter on the H-4B visa
H-1B Visa restrictions and limits:
- 65,000 visas are issued every year
- Non-profit organizations are excluded from the annual cap
- Higher education institutions are excluded from the annual cap
- Over 130,000 applications were received during 2008-2008
- H-1B visas are issued for a maximum of 6 years
The H-1B
program is criticized from different perspectives. The wages are kept lower in
certain H-1B related industries as foreigners will accept a lower wage for the
opportunity to work in the United States. Foreigners cannot easily change job in
comparison to a U.S. citizen or resident, which makes an
H-1B worker
attractive for many employers. Several universities offering higher IT degrees
are criticized for bringing in many foreign nationals for the purpose of
educating them to H-1B jobs thus discouraging citizens and residents from
choosing such degree programs.
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