Benefits
Although not intended as a route to settlement, under this visa rule US employers may decide to sponsor a foreign beneficiary for a Green Card. This can be done by filing a petition with USCIS and undertaking a labour certification process
Duration
H1-B immigration visas are initially granted for three years, which may be extended for a further three years to a total of six
Eligibility Criteria
The US H1-B visa class mainly aimed at potential employees who will be immigrating to United States in order to undertake specific employment only. The job holder should have a significant deal of specialist knowledge and skill.
The employee under US H1-B visa rule must hold a degree, which should be equivalent to 4 year US Bachelor’s degree, and the employee profession should be relevant to his field. The H1-B visa holders must acquire a total of 12 years of relevant work experience. The experience can also be in the combination of work and education experience.
Professionals such as doctors, lawyers, and accountants must be licensed to practice in the state in which employed is offered. The US H1-B visa holders (especially doctors, lawyers and accountants) must have the license for practicing in United States or in the field in which they are employed.
Employer Requirements
It is necessary for employers applying to bring foreign nationals over for a USA H1B visa meet specific criteria in order for the application to be successful. If the organisation already contains 15% or more employees that hold H1B visas then it will be necessary for the employer to advertise the vacancy within the United States for a period before an application can be made.
The employer is responsible for any costs incurred by the employee if the position is prematurely terminated. In the event of dismissal before the expiration of the employee contract it is incumbent upon the employer to cover reasonable costs for the employee to return to their previous place of foreign residency. The employer is not responsible for costs incurred due to the resignation of the employee before expiration of the contract.
Dependants
Spousal immigration and dependant immigration are permissible under this H1-B visa, upon successful application they will be granted a USA H-4 visa which will allow them to join the main applicant in the United States. The H-4 visa does not allow the dependant to seek or undertake employment in the United States but they are permitted to study for the duration
