H1B Visa
What is H1B visa?
The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15) (H). It allows US employers to temporarily employ foreign workers in specialty occupations. The regulations define a "specialty occupation" as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including but not limited to biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum (with the exception of fashion models, who must be "of distinguished merit and ability"). H-1B work-authorization is strictly limited to employment by the sponsoring employer.
If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker must either apply for and be granted a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the US.
Duration of stay
The duration of stay is three years, extendable to six years. An exception to maximum length of stay applies in certain circumstances. H-1B holders who want to continue to work in the US after six years, but who have not obtained permanent residency status, must remain outside of the US for one year before reapplying for another H-1B visa. Despite a limit on length of stay, no requirement exists that the individual remain for any period in the job the visa was originally issued for. This is known as H-1B portability or transfer, provided the new employer sponsors another H-1B visa, which may or may not be subjected to the quota. Under current law, H-1B visa has no stipulated grace period in the event the employer-employee relationship ceases to exist.
Congressional yearly numerical cap
The current law limits to 65,000 the number of foreign nationals who may be issued a visa or otherwise provided H- 1B status each fiscal year (FY). Laws exempt up to 20,000 foreign nationals holding a master’s or higher degree from U.S. universities from the cap on H-1B visas. The United States Citizenship and Immigration Services starts accepting applications on the first business day of April for visas that count against the fiscal year starting in October. Beneficiaries not subject to the annual cap are those who currently hold H-1B status or have held H-1B status at some point in the past six years.
H-1B and legal immigration
Even though the H-1B visa is a non-immigrant visa, it is one of the few visa categories recognized as dual intent, meaning an H-1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. In the past the employment-based green card process used to take only a few years, less than the duration of the H-1B visa itself. However, in recent times the legal employment-based immigration process has backlogged and retrogressed to the extent that it now takes many years for skilled professional applicants from certain countries to obtain green cards. Since the duration of the H-1B visa hasn't changed, this has meant that many more H-1B visa holders must renew their visas in one or three-year increments for continued legal status while their green card application is in process.
Dependents of H-1B visa holders
H-1B visa holders can bring immediate family members (spouse and children under 21) to the US under the H4 Visa category as dependents. An H4 Visa holder may remain in the US as long as the H-1B visa holder retains legal status. An H4 visa holder is not eligible to work or get a Social Security number (SSN). An H4 Visa holder may attend school, get a driver's license, and open a bank account in the US.
