H Visa

This category of visa allows people with specialty occupations (such as software programmers, systems analysts, accountants, engineers, scientists and various types of management personnel) an opportunity to work in the U.S. for up to 6 years. Because only 65,000 H-1B visas are issued per year, competition for H-1B visas can be intense.

To qualify for a temporary professional H-1 visa, there are four basic requirements:

• an employer
• college degree
• payment of prevailing wage
• position that requires that degree

4 Types of H Visas

• H-1B visa categories apply to aliens coming temporarily to perform services in a specialty occupation, or as a fashion model of distinguished merit and ability. A specialty occupation requires the theoretical and practical application of highly specialized knowledge requiring completion of a specific course of higher education (Bachelor's degree or its equivalent).

• H-2 temporary worker visas. These involve a temporary situation and an employer who needs a specific person to fulfill a specialized need. Example might be a “chef trainer” who will train kitchen personnel for a limited period of time, a seasonal resort worker, etc.

• H3 visas as temporary trainees. Such persons are invited by employers to work for salary for a limited period of time for the express purpose of training

• H4 visas for Dependents Dependents (spouses and unmarried children under 21 years of age) of H-1B workers are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification.

Some terms and conditions of the H-1B classification:

• Work authorization for H-1B foreign specialty workers is employer-specific (i.e. limited to employment with the approved employer/petitioner).

• A change of employer requires a new H-1B petition; under some circumstances, a nonimmigrant who was previously issued an H1-B visa or provided H1-B nonimmigrant status may begin working for a new H1-B employer as soon as the new employer files a ? non-frivolous? H1-B petition for the nonimmigrant.

• Multiple employers require multiple H-1B petitions.

• The employer is responsible for return transportation costs for an employee terminated prior to the end of the approved period of employment.

• H-1B foreign specialty workers are not required to maintain foreign residence and may seek permanent residence in the U.S.

An H Visa is for someone having a specialty occupation job offer and possessing the background suitable to the specialty occupation.  Specialty Occupation is defined by the Immigration and Nationality Act as an occupation that requires a “theoretical and practical application of a body of specialized knowledge; and… attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.”

There are numerous types of specialty occupations including:

• Accountants

• Architects

• Biologists

• Business Managers

• Chemists

• Chiropractors

• Computer Scientists

• Computer Systems Analysts

• Dietitians

• Engineers

• Executives

• Hotel Managers

• Lawyers

• Medical Technologists

• Pharmacists

If you need H visa information or help with a permanent residence application our Immigration Attorneys can help you. If you or your employee wishes to come to the United States on a temporary visa and are looking for an experienced immigration attorney contact The Sheena Law Firm today.