H-1 B-1 VISAs

The H-1B1 Visa

The H-1B nonimmigrant visa is issued to individuals who seek temporary entry in a specialty occupation as a professional.

These are jobs that require at the entry level at least a Baccalaureate Degree or a particular combination of education, specialized training, or experience that is equivalent to a U.S. baccalaureate degree. To determine that equivalency in the specialty, three years of specialized training and/or work experience must be demonstrated for each year of college level education that the person lacks. To show equivalency to a master's degree ( where that is required for the job), the person must have a baccalaureate degree and at least five years of progressively responsible experience in the specialty.

Some examples of "specialty occupations" include accountant, computer analyst, engineer, financial analyst, scientist, architect, lawyer, etc. The list is very long.

The offered wage must not be less than what the Department of Labor determines is the prevailing salary for that job in the employer’s city. The employer may not offer a foreign worker a salary below the prevailing wage. The employer is subject to other rules which require case-by-case analysis.

The H-1B is approved by INS for an initial period up to three years. The maximum term of a H-1B visa is six years, including extensions.

A spouse or unmarried dependent child under 21 years old of a H-1B visa holder is entitled to a H-4 visa and the same length of stay as the principal. They cannot accept employment, but can attend school in the United States. Servants of a H-1B visa holder can receive a B-1 visitor visa.

This is a very complex visa with changing regulations; so each case must be evaluated on its particular facts and circumstances.