H1B Visa Application
|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.
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.
- 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)
- A Bachelor degree
- Specialized skill
- Speak and read English
- 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
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
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.