The Law Office of Natalia Malyshkina                          

BUSINESS IMMIGRATION AND NATIONALITY LAW OFFICE                                  

San Francisco Office: 100 Pine Street, Suite 1250, San Francisco, CA 94111                     

Silicon Valley Office: 750 Menlo Avenue, Suite 200, Menlo Park, CA 94025       Call us today (415) 240-0083

 
 

H1B Visa


Nearly 233,000 H1B visa petitions were received for fiscal year 2016!

2016 H1B visa CAP was reached!

For fiscal year 2016 H-1B visa update click here

U.S. businesses commonly use the H-1B program to employ foreign employees in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

Under the visa a U.S. company may employ a foreign worker for up to six years.

Visa cap:

To obtain H-1B Visa, the employer must petition for entry of the employee. H-1B visas are subject to annual numerical limits (caps). US employers can begin applying for the H-1B visa six months before the actual start date of the visa. Employers can apply as soon as April 1, 2017 for the 2018 year cap, however the beneficiary can start working in the U.S. only in October 1, 2017.

Current immigration law allows for a total of 85,000 new H-1B visas to be issued to foreign employees each year. This number includes 65,000 H-1B visas issued for overseas workers in professional or specialty occupation positions, and an additional 20,000 visas available for those with an advanced degree from a US academic institution.

To be eligible for an H-1B  Visa:

The U.S. H1-B visa is designed to be used for staff in specialty occupations. The job must meet one of the following criteria to qualify as a specialty occupation:

1. Bachelor's or higher degree or its equivalent is normally the minimum entry requirement for the position.

2. The degree requirement for the job that is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree.

3. The employer normally requires a degree or its equivalent for the position.

4. The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.

For an employee to qualify to accept a job offer in a specialty occupation he or she must meet one of the following criteria:

1. Hold a foreign degree that is the equivalent to a U.S. bachelor's or higher degree in the specialty occupation.

2. Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment.

3. Have education, training, or experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

4. Have completed a US bachelor's or higher degree required by the specific specialty occupation from an accredited college or university.

Also, applicants that are not eligible for H-1B visas may want to check out the L-1 visa. The L-1 visa a non-immigrant visa which allows companies operating both in the U.S. and abroad to transfer certain classes of employee from its foreign operations to their U.S. operations for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of your U.S. company outside of the U.S. for at least one year out of the last three years.

Duration of H-1B Visa:

The H-1B visa is initially granted for up to three years, but may then be extended to a maximum of six years.

 

Dual Intent for  H-1B  Visa:

Even though the H-1B visa is a non-immigrant visa, it is one of the few US visa categories recognized as dual intent, meaning the H-1B visa holder can apply for and obtain a U.S. Green Card while in the U.S. on an H-1B visa. If you are still in the U.S. on an H-1B visa and wish to remain in the U.S. for more than six years, you can apply for permanent residency in the U.S. to receive a Green Card. If you do not gain permanent residency prior to the expiration of your H-1B visa, then you must live outside the U.S. for at least one year before reapplying for another H or L visa.

Family of H-1B Employees:

H-1B visa holders can bring their spouse and children under 21 years of age to the U.S. under the H4 Visa category as dependents. An H4 Visa holder is allowed to remain in the U.S. as long as the H-1B visa holder remains in legal status. While, an H4 visa holder is not eligible to work in the U.S., they may attend school, obtain a driver's license and open a bank account while in the US.

H-1B2 Visas

for Department Of Defense, a.k.a. DOD, Researchers and Development Project Employees

To obtain H-B2 Visa the position where the employee will work must meet both of the following criteria to qualify as a DOD cooperative research and development project:

1. The cooperative research and development project or a co-production project is provided for under a government-to-government agreement administered by the U.S. Department of Defense.

2. A bachelor's or higher degree, or its equivalent is required to perform duties.

To be eligible for this visa category the employee must meet one of the following criteria:

1. Hold a foreign degree that is the equivalent to a U.S. bachelor's or higher degree in the specialty occupation.

2. Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment.

3. Have education, training, or experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

4. Have completed a US bachelor's or higher degree required by the specific specialty occupation from an accredited college or university.

H-1B3 Visas for Fashion Models

To obtain H-1B3 Visa, the position or services must require a fashion model of prominence.

To be eligible for this visa category the employee must be a fashion model of distinguished merit and ability.

Labor Condition Application (LCA) must be filed by the employer.