Characteristics of H1B Visas
- The H1B visa allows foreign national professional workers to reside in the United States on a temporary basis for the purpose of employment by a U.S. business.
- Professional workers that qualify for the H1B visa have a bachelor’s degree (or equivalent) and have been offered a position in some type of professional career field, such as engineers, scientists, computer programmers, professors, etc.
- Employers that qualify as petitioners must be able to pay the promised salary and can demonstrate a legitimate need to hire the foreign national worker for either a full- or part-time specialty occupation.
- The H1B visa for professional workers typically lasts for a maximum of 6 years, though this can be extended under certain circumstances. Upon the expiration of an H1B visa, the holder must leave the U.S. for no less than 1 year before reapplying for a subsequent visa.
- If the worker is terminated, the visa is no longer valid. Employers can lay off H1B visa holders at any time, for any or no reason. They may also do so in order to replace the foreign national with a U.S. citizen, which does not constitute discrimination.
- Each H1B visa is filed by the employer on behalf of the foreign national worker.
- A cap on the number of H1B visas that are available nationwide is set by Congress each year, though there are several exceptions that do not count against this number.
If you are considering filing an H1B visa petition for the international staffing of your own business, contact us for a free consultation to discuss your needs and how we can assist you in the process. Our attorneys are experienced in dealing with unique business situations, and have represented many clients in successfully obtaining employment visas for hiring foreign national.
We can advise you with recommendations for your global hiring plans based on the latest immigration regulations, and will take into account any special factors that may apply to your industry or involvement with international trade. With three offices in California and Oregon in the western United States, we are happy to meet with you in person or discuss your employment immigration needs by phone.