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H-1 B WORK PERMIT



The H-1B non immigrant classification is for foreign internationals who wish to work there and are coming to the United States temporarily to perform within these services: 

  • Specialty occupation
  • Department of Defense worker
  • Fashion model

H-1 B Visas have statutory numerical limitation of 65,000 per fiscal year.
Note for H-1 B1 visa aspirants: [The Chile & Singapore Free Trade Agreement requires the USCIS to exempt 6,800 H1B visas from the H1B visa cap (which is in total 65,000) and be reserved for eligible citizens of Chile and Singapore which is called the H-1 B1 specialty occupation visa.]

ELIGIBILITY FOR H-1 B VISA

To be eligible for an H-1B visa, you must demonstrate that you have:
Evidence that the proposed employment qualifies as a specialty occupation


Evidence that you have the required degree by submitting either:
a.A copy of your U.S. baccalaureate or higher which is required by the specialty occupation


b.A copy of your foreign degree and evidence it is equivalent to a U.S. degree


c.Evidence of experience and education, which is equivalent to the U.S. baccalaureate degree


A copy of any required licenses or other official permission to practice the occupation in the state of intended employment


A copy of any written contract between you and your employer, and a summary of the terms of the oral agreement under which you will be employed

Occupations Generally Considered
Accountant, Acupuncturist, Chiropractor, Computer Programmer, Dietitian, Electronics Specialist, Fashion Designer, General Manager (where business is complex), Graphic Designer, Hotel Management, Industrial Designer (with B.A.), Interior Designer (commercial), Journalist, Librarian, Medical Records Librarian, Medical Technologist, Minister, Orthopedist, Pharmacist, Social Worker, Technical Publications Writer and Vocational Counselor.


You cannot apply for a H-1B visa as an individual. A United States employer has to sponsor your H-1B visa. To sponsor you, the employer must:


File a Labor Condition Application (LCA) for you with the U.S. Department of Labor


File a Petition for you as nonimmigrant worker and supporting documentation and the approved LCA with the USCIS


If you are overseas, you must take the H-1B approval notice to the American Consulate to obtain the H-1B visa. If you are already in the U.S., you can start working for your employer as soon as you receive the H-1B approval notice.

Applicants will need to meet certain health and character requirements for H-1 B visa.

WHAT CAN I DO WITH THIS VISA ?

You can be in H-1B status for a maximum period of six years at a time. After that time you must remain outside the U.S. for one year before another H-1B petition can be approved. However, foreign nationals working on defense department projects may remain in H-1B status for ten years, though you can take other steps toward lawful permanent resident status without affecting your H-1B status.
Spouses and unmarried children under 21 years of age may apply for the applicable derivative visa (H4 visa) to join their spouse or parent in the US. Accompanying spouses and children are entitled to study in the United States but are not entitled to undertake any employment without obtaining an appropriate work visa.

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