If the USA lacks skilled jobs, you could be qualified for an H-1B visa if you have specific skills and experience.

Overview of the H-1B visa for specialty occupations

Introduction to  H-1B visa

H-1B visas are provisional work permits that enable you to move and work in the United States in a specialty occupation. The H-1B visa requires American employers to select international workers in specialist occupations. Specialty profession is the secret to obtaining an H-1B visa. Unlike most temporary nonimmigrant visas, the H-1B visa is applied for on behalf of the alien by a U.S. organization, and the alien is merely the recipient of the document. If the work vacancy is for a specialized occupation and the alien is eligible for the specialty occupation, residents of other countries can make a U.S. company apply for the foreign residents for an H-1B visa.

How long will I remain in the United States with an H-1B visa?

An alien with an H-1B visa may reside in the United States for three (3) years. An alien can propose a two-year first extension of stay and a one-year second extension of stay. In most cases, a maximum stay of six (6) years is allowed. The alien might even reclaim time lost overseas, which would not add up against the overall stay of six (6) years. To be recaptured, the alien would choose to engage (put the USCIS on notice).

What is the maximum on H-1B visas?

The number of H-1B visas that the U.S. government can grant per year is limited. The visa quota is usually set at 65,000. Every year on April 1st, the limit cycle starts and is usually filled within a few days. So,  the petitioner company should request the H-1B visa as soon as possible.

What is the aim of applying for an H-1B visa?

The H-1B visa is often used by companies seeking to bring in advanced expertise from outside their business. Similarly, aliens may take advanced jobs in the United States with ease since the H-1B visa allows the employer to arrange for the worker’s return to their homeworld whether the worker resigns or is fired.

What are the conditions for an H-1B visa application?

At least three (3) main conditions must be met for an H-1B visa: (1) the work vacancy must be for a specialty occupation; (2) the applicant must be eligible for the specialty occupation; and (3) the employer must submit a Labor Condition Application (LCA) Form ETA 9035 with the Department of Labor. (1) Speciality occupations include Biotech, Accounting, Architecture, Arts, Banking, Business, Computing, Education, Engineering, Finance, Health Care, I.T., Law, Marketing, Mathematics, Medicine, Physical Scientific Research, Recruiting, Sales, Social Science, Telecommunication, and Theology, which all involve highly advanced expertise in a field of human endeavors. (2) In order to be eligible for a specialization career, an alien must hold at least a bachelor’s degree or its counterpart (usually a three (3) year international degree plus three (3) years of practical post-graduate experience).

What is a Labor Condition Application (LCA), and how does it work?

A Labor Condition Application (LCA) is a four-page sworn declaration that the company must submit with the U.S. Department of Labor (Form ETA 9035). By signing and submitting the Labor Condition Application, the employer certifies that the H-1B visa applicant is paying the prevailing salary for the work done and that hiring an immigrant for the job vacancy would not negatively impact the operational standards of similarly employing U.S. employees. The LCA also allows the employer to promise that whether the worker resigns or is dismissed, the employer will compensate for the worker’s travel home.

What is the meaning of dual intent?

Although on an H-1B visa, the temporary foreign worker may qualify for a green card to be a permanent resident of the United States. This is the most significant advantage of the H-1B visa over other temporary nonimmigrant visas. Dual intent is possible for the H-1B visa. If the H-1B employer decides, the international employee in H-1B status can be sponsored for a company’s green card submission.