H-1B is a non-immigrant classification granted by the Immigration Service to persons coming to the United States to work in a specialty occupation, requiring at lease a bachelor’s degree or its equivalent.
An H-1B may be granted for an initial 3 year period, with a subsequent extension of 3 more years. With some exceptions, the H-1B classification is limited to 6 years.
A job offer from a prospective employer in the field in which the client has his or her college education or prior experience is necessary.
If the client does not have a college degree, it may be possible to obtain the equivalent of a college degree based on his or her credentials. We will need the foreign national’s degrees, transcripts, detailed resume and letters of prior work experiences.
From the company, we will need the most recent tax returns or financial statements, a business plan if the company is new or developing, and information about the company such as brochures.
Once the H-1B visa petition is approved by Citizenship and Immigration Service, and the person obtains a change of status or has the H-1B visa affixed on to his/her passport, the client is authorized to work only for the U.S. Employer.
The employee should receive the salary indicated on the labor condition application (LCA) and file an annual income tax return in the United States. The position indicated on the income tax return and the salary received should be the same as those indicated on the H-1B petition. If the conditions of employment change, an amendment to the H-1B petition may be necessary. If at any time the employee stops working for the company in the United States and/or begins working for another company, the H-1B visa classification will no longer be valid.
The spouse and unmarried children under 21 are granted H-4 status, which allows them to accompany the H-1B professional in the U.S. and to attend school. However, it does not permit them to work, unless they obtain their own H-1B visa or other work authorization.