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H1B Visas United States Of America

Who is the H1B VISA Intended for? Professional level employees.

Why is it highly desirable? Holders are eligible to apply for Green Cards (Legal Permanent Residency).

More About the H1B

The H1B visa is a non-immigrant visa, which allows US companies to employ foreign individuals for up to six years. Individuals cannot apply for an H1B visa to allow them to work in the US. The employer must petition for entry of the employee. H1B visas are subject to annual quotas. Based on previous years, the new H1B quota will not last long. The 2006 quota of visas for the year was exhausted within less than 2 months. More than half of the total number of H1B visas granted in 2006 were issued to Indians (46,000). Most of these visas went to IT professionals.

The H1B visa program is the primary method for bringing professional-level foreign employees into the USA. The H1B visa enables US employers to hire foreign professionals for a specified period of time - workers in speciality occupations can work in the US for up to a total of six years. This visa is considered desirable because, unlike many other non-immigrant visa categories, it is a "dual intent" visa. This means that means that visa holders can apply for a Green Card (Legal Permanent Residency).

To qualify for an H1B visa the job offered must be in speciality occupation (listed below) and documentation is required from the employer to confirm this. Confirmation is required that the employee has the appropriate credentials for the job. The employer needs to verify that the prevailing wage for the work being performed is being paid and that employment of a foreign worker is not harming conditions for US workers.

Qualifying occupations are in computer science, health care, university teaching, engineering, law, accounting, financial analysis, management consulting, architecture and scientific research positions.

The H1B visa is usually granted for an initial period of up to three years. The visa can then be extended for up to a combined total of six years.

Dependants of the visa holder may also be permitted to live in the US but they are not allowed to work. Dependants require an H4 visa.

During the term of the visa the employee can apply for permanent residency. This is called "Dual Intent", and is a privilege some other visas do not enjoy.

The number of H1B visas issued each year is subject to a cap determined by US Congress. The cap for fiscal year 2007 is currently set at 85,000. (65,000 were issued in 2006.)

Approved H1B applicants are given an employment starting date of October 1 (the first day of the fiscal year). US employers may begin applying for the H-1B visa six months before the starting date of the visa.

Required Documentation for H1B:

High School Diploma (only required if no college level of education has been attained.)
College diplomas (Associate, Bachelor, Master, PhD)
College transcripts/academic records
Certificate/diploma of training courses in IT
Evidence of license or professional membership in IT
Employment verification in the form of retrospective references (these must correlate with information in CV/Resume)
Current CV/Resume describing in detail employment history including: name & address of employer, job title, month/year commenced employment & month/year concluded employment, type of business, duties performed, full/part time.
Identity page in passport plus any pages evidencing current or expired US Visas

Documents Required for H4 Visas (for dependants):

Passport
VISA Copy of your Spouse
H1B approval notice - Copy
Letter from the current employer
Marriage certificate (If spouse)
Marriage album (If spouse)