What are the Worker Visas in the U.S.? What is the H-1B Visa?

What are the Worker Visas in the U.S.?

There are two categories for workers entering the U.S. They are permanent visas and temporary visas. If your work only calls for a temporary stay for employment, you would need to apply for a nonimmigrant visa with the assistance of a good immigration lawyer.

If you wish to live in the USA permanently, you need a green card or immigrant visa.

H-1B Visa
H-1B Visa

The H1B is a temporary visa for workers. Applicants for this visa must have a level of expertise in their field. Technology and biotech firms most commonly use this visa.

Persons working for the Department of Defense also qualify.

The H1B requires that you have a temporary intent to reside in the United States on a temporary basis.

You must hold a highly specialized knowledge, which you can apply as well as a bachelor s or higher degree in your specialty. Many jobs qualify for a H1B visa including accountants, business executives, computer programmers, designers, engineers, journalists, pharmacists, and scientists.

Green cards or immigrant cards allow you to remain in the U.S. on a permanent basis for live and work. Worker s Green Cards fall into five preference categories Worker s Green Cards fall into five preference categories.

The categories are as follows:

  1. Priority workers:  multinational executives, outstanding researchers, and persons of extraordinary ability. They receive 29% of Green cards.
  2. Members of the professions holding advanced degrees or aliens of exceptional ability:  requires both a job offers and a certification. They receive roughly 29% of Green Cards.
  3. Skilled workers, professionals, and other workers: includes degree holders and skilled workers. Approximately 29% of Green Cards are given to this preference.
  4. Special immigrants: students, workers, investors, returning resident, and court dependent. 7% of Green Cards are disbursed in this preference level.
  5. Employment creation investors Green Card: allows for a conditional Green Card, allowing that the business remains in place meeting certain qualifications. Approximately 7% of Green Cards are given here.

What is the H-1B Visa?

An enhanced career can mean a better life. If you are seeking an H-1B employment visa, contact an experienced attorney to get dedicated assistance to workers throughout the world.

An H-1B visa is often referred to as a specialty occupation visa. It is used by United States businesses to employ international workers in areas requiring a bachelor’s degree or equivalent in specialized fields.

These fields include:

– Medicine

– Engineering

– Accounting

– Computer science

Only 65,000 H-1B visas are issued each year. Of those, no more than 20,000 can be U.S. master’s degree holders.

H-1B visas are granted for three years, and can be renewed for an additional three-year period. After such time, the visa holder must leave the United States for at least one year before becoming eligible to reapply.

When you retain a great immigration lawyer, you can rest assured that your needs will be met. Obtaining a visa does not have to be a difficult process when you work with a knowledgeable attorney.

No matter the obstacles you may face, a New Jersey visa attorney can help you achieve your goals. He or she can assist you in understanding your options and preparing an accurate, detailed non-immigrant visa application to protect your best interests.

Your lawyer will work hard to make this process as quick and painless as possible, so that you can move forward with your career.

The H-1B is a non-immigrant work visa for a person who will be employed temporarily in a specialty occupation. An H-1B holder does not entitle the person to remain in the United States permanently, and does not provide the person with a green card.

The person applying for an H-1B visa must be employed in a specialty occupation, which is defined as a job that requires application of specialized knowledge and at least the equivalent of a bachelor degree (4-year degree).

H-1B requirements are complicated, and getting the assistance of an immigration attorney is very important.

Applicants must show:

  • they possess such qualifications
  • the job is a specialty occupation
  • the employer has a need for such position

Differently from a green card petition, the applicant of an H-1B visa does not need to show that there are no qualified U.S. workers. However, there are other representations made to the Department of Labor including paying the prevailing wage.

The H-1B visa is one of the few visas that allow dual intent, which means that while the person is temporarily in the U.S., can also apply for something that will allow them to gain permanent residence.

The H-1B visa permits the individual to work for the specific employer.

For instance, if an alien is getting an H-1B visa with employer A, he or she cannot work for employer B or to be self-employed, except in limited cases, such as the H-1B for entrepreneurs.

You can remain in H-1B visa status for three years, up to six years. Moreover, an alien can obtain one-year extension beyond the 6 years if he or she meet certain requirements.

The H-1B cap is a limit of how many new H-1B visas can be issued each fiscal year.

The H-1B cap opens on April 1 each year. The general limit is currently 65,000. There is a separate cap, which is currently 20,000, for those who have a master’s degree or higher from a U.S. institution of higher education.

People already in H-1B status are not affected by these caps. So, it does not apply to any of the following situations:

  •          Extending the amount of time a current H-1B worker may remain in the United States
  •          Changing the terms of employment for current H-1B workers
  •          Current H-1B workers wishing to change employers
  •          Current H-1B workers wishing to work concurrently in a second H-1B position.

Further, nationals of Singapore and Chile count towards a separate cap of 6,800 (5,400 for Singapore and 1,400 for Chile).

Lastly, if the alien will be employed at an institution of higher education, a related or affiliated nonprofit entity, a nonprofit research organization or a governmental research organization, these H-1B petitions are exempt from the caps.

The unique needs of American companies requires the availability of qualified and reliable professionals. H-1B Professional Visa

Given the lack of qualified and available American workers in the industry, American companies have relied more and more on the importation of foreign professionals to make up for the deficit.

Based on numerous studies, the US government understands that if visas were not available for this purpose, many companies would be unable to continue operations and some would be forced to outsource operations to other countries.

Accordingly, the government has made several types of technology employment visas available. Please note that the following visa categories all require a employer sponsor.

The preferred visa for most foreign technology professionals and American companies is the H-1B Professional Visa.

This visa is designed for foreign professionals who have a four year college degree and who have a job offer in their field of study.

The job offered must be the type of job that would usually require a four year degree. The visa has a duration of up to six years.

While in the US, the professional can also pursue Permanent Residence (Green Card) through the same employer. This process usually takes about three years, so the loyalty of the employee can be counted on.

The “H” Visa for Professionals.

The “H” Visa for Professionals. More than forty professionals are listed as being deemed “professional”: such as:

  • Computer system analysts,
  • Engineers,
  • Accountants,
  • Dentists,
  • College, university or seminar professors,
  • Scientists,
  • Architects,
  • Lawyers,
  • Nurses,
  • Medical, laboratory or clinical technicians.

Athletes are no longer on this list as they have their own P category.
The H visa allows these professionals to enter into the United States pursuant to consular application.

However they have the right to be employed by an American company and to be remunerated in the United States.

Although we define a “professional” as being a person holding a university diploma, this diploma is not required for all professionals who can substitute experience and notoriety therefore.

Conversely for others, such as librarians, a master’s degree is required. In the case of professionals in hotel administration and journalism, a bachelor’s degree is required as well as three years’ experience in order to enter the United States.

Doctors are only eligible as H1 candidates in the fields of clinical teaching or research but are not allowed to practice (i.e.no direct patient care).


Get contact with a H1 Visa Lawyer in New York and New Jersey