An Immigration Lawyer in San Francisco Explains The H1B Visa
Created under the Immigration and Nationality Act, the H1B visa is a non-immigrant visa. This visa allows employers to hire foreigners for a certain time period. Application for this visa is the responsibility of the employer, not the prospective employee.
The reason the H1B visa was created was for companies who have jobs that require specialized knowledge or have "specialized occupations". For non-specialty occupations, the H2B visa is used.
A specialty occupation requires application that's both theoretical and practical as well as highly specialized knowledge in a field of human endeavor, as defined by the US government. Jobs in education, science, architecture, engineering and the arts typically fall into the specialty occupations category.
Foreign workers brought in the USA on a H1B visa must possess, as a minimum requirement, a bachelor's degree or equivalent. If required for their particular occupation, the foreign worker must also posses a state licensure. Not every occupation requires a degree; an example being fashion model which only requires employees to be "of distinguished merit and ability."
A firm must have a workforce of at least 50 and have 15% H1B workers to be considered H1B dependant. A higher percentage of H1B workers may be hired by smaller companies without being classified as H1B dependant.
In order to be an H1B dependant company, a few conditions must be followed. If a company lets an H1B employee go, they are responsible for paying for the ex-employee's travel back to their home country.
Foreign workers with a H1B visa can work in the US from 3-6 years. Employees can apply for a two-year extension after that, followed by yearly extensions.
The H1B is a non-immigrant visa but it's also a "dual intent" visa which means workers in the US with this visa can have the intent to immigrate. Although an extension is usually needed to allow time for the application to be approved, H1B holders can apply for permanent residence while here as a temporary resident.
Dependants, partner and children under 21, are allowed to come to the US with a H1B holder under H4 visas. Although not allowed to work in the US, H4 holders can stay in the US as long as their associated H1B holder.
Income tax must be paid by H1B holders and depends on whether they live in the country ("resident aliens") or live outside the country ("non-resident aliens") . Those classified as non-resident are subject to tax only from their earnings in the US, whereas resident aliens are taxed on income from and outside the US.
san francisco immigration attorney
The reason the H1B visa was created was for companies who have jobs that require specialized knowledge or have "specialized occupations". For non-specialty occupations, the H2B visa is used.
A specialty occupation requires application that's both theoretical and practical as well as highly specialized knowledge in a field of human endeavor, as defined by the US government. Jobs in education, science, architecture, engineering and the arts typically fall into the specialty occupations category.
Foreign workers brought in the USA on a H1B visa must possess, as a minimum requirement, a bachelor's degree or equivalent. If required for their particular occupation, the foreign worker must also posses a state licensure. Not every occupation requires a degree; an example being fashion model which only requires employees to be "of distinguished merit and ability."
A firm must have a workforce of at least 50 and have 15% H1B workers to be considered H1B dependant. A higher percentage of H1B workers may be hired by smaller companies without being classified as H1B dependant.
In order to be an H1B dependant company, a few conditions must be followed. If a company lets an H1B employee go, they are responsible for paying for the ex-employee's travel back to their home country.
Foreign workers with a H1B visa can work in the US from 3-6 years. Employees can apply for a two-year extension after that, followed by yearly extensions.
The H1B is a non-immigrant visa but it's also a "dual intent" visa which means workers in the US with this visa can have the intent to immigrate. Although an extension is usually needed to allow time for the application to be approved, H1B holders can apply for permanent residence while here as a temporary resident.
Dependants, partner and children under 21, are allowed to come to the US with a H1B holder under H4 visas. Although not allowed to work in the US, H4 holders can stay in the US as long as their associated H1B holder.
Income tax must be paid by H1B holders and depends on whether they live in the country ("resident aliens") or live outside the country ("non-resident aliens") . Those classified as non-resident are subject to tax only from their earnings in the US, whereas resident aliens are taxed on income from and outside the US.
san francisco immigration attorney
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