H-1B Visa
Perhaps the most known among the work visas, the H-1B visa allows a foreign national to work legally initially for 3 years with the possibility of an extension for other 3 years.
The H-1B position can be full time or part time.
The H-1B worker may only work for the sponsor. It is possible to have more than one H-1B sponsor and work for them at the same time. Of course none of those jobs can be full time.
Unfortunately there is a quota established by the U.S. Congress of 65,000 H-1B visas for each fiscal year. The fiscal year runs from October 1st to September 30th.
The H-1B petition can be filed 6 months before the beginning of the fiscal year. In the previous years the cap has been reached on April 1st. That has created what is called the “H-1B Lottery”. Therefore when the cap is exceeded on April 1st, all the applications received that day are randomly selected to get one of the 65,000 H-1B visas available.
The H-1B aliens may bring with an H-4 visa their spouses and children who can stay legally in the country while the H-1B alien maintains lawful status.
Nevertheless these derivative beneficiaries may not receive work authorization.
In some cases the H-1B classification can be extended beyond the 6 years.
This classification is for “specialty occupations”. According to the regulations a specialty occupation is an occupation that requires a bachelor degree or foreign equivalent as a minimum requirement.
It does not mean that the H-1B applicant must have a bachelor degree or foreign equivalent. There are rules that equate the combination of relevant education and experience with a bachelor degree.
This classification (likewise all nonimmigrant classifications) can be obtained either through a change of status or consular processing. Change of status means that the person obtains that status within the United States. Consular Processing means that the person has to apply for an H-1B visa at a U.S. Consulate or Embassy abroad. The possibility for each process depends on each particular case.
In any case if the H-1B worker wants to travel abroad, the foreign national needs to apply for an H-1B visa in order to return. Once that visa is obtained the foreign national can travel abroad and return to the United States.
The H-1B alien and their derivative beneficiaries can start the process and obtain the “Green Card” within the country. The sooner this process is begun the better. There is an annual quota also for the immigrant visas. That means that the demand for immigrant visas many times exceeds the quota, creating a “bottle neck”.
At the Law Offices of Hugo C. Castro we may help employers and foreign nationals to obtain H-1B visas for those workers that can contribute with their knowledge and experience to the national economy.
We have the knowledge, experience, resources and capabilities to provide you with a strong legal representation.