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H-1B - TEMPORARY WORKER A FAST TRACK TO COME TO THE U.S.

The H-1B applicant enters the U.S. as a specialty worker or professional for a temporary time period unlike the job creation investors’ visas that ultimately become permanent residents. Dual intent is allowed for the H-1B as it is not necessary to prove an address abroad. The H-1B visa holder may have both a short term intent to leave the U.S. after the temporary authorization expires and also a long term intent to return as a permanent resident when the quota immigrant category becomes available. For example, a computer programmer who has come to the U.S. as an H-1 for a limited time, either for 3 or 6 years, may also have a permanent residence application pending at the same time. The permanent residence quota category may require a wait of several years depending on the country of nationality. If the quota is not current at the time the last extension has expired, the H-1B holder would have to return to his/her country to await the grant of permanent residence through quota availability This may then entail a wait of years abroad. The desire on the part of the H-1B candidate for permanent residence does not disqualify the H-1B candidate from having H-1B status because of the dual intent doctrine. Even though for example a permanent resident visa is pending for an applicant, he/she may still apply for an extension of the H, L, E-1 and E-2, and O and P categories.
An H-1B visa is a work authorization for a person in a specialty occupation or a profession; or a fashion model of distinguished merit and ability who is coming temporarily to the U.S. A baccalaureate degree from a university or its equivalent is the minimum requirement. A Labor Condition application must be filed, proving that the applicant will
receive the prevailing wage for the specialty occupation in the area he/she will work in the U.S. Sixty Five Thousand H-1B visas are available annually, with an additional 20,000 for applicants
who have graduated from an American University with a level of education equivalent to a Master’s Degree or higher. The H-1B holder can receive up to 6 years of authorized stay. If the H-1B holder resides fewer than 6 months of the year in the U.S. annually, he/she may be extended in the H-1B status indefinitely.
If an H-1B holder has applied for permanent residence through a Labor Certification and a Preference and 365 days have elapsed since the filing of the Labor Certification, the H-1B’s status may be extended in one year increments until permanent residence is granted.
The H-1B status holder who is in status may change companies at will and may start to work for the new employer as soon as the new application is filed with the Immigration Service. It is not necessary to wait until the application is approved.
H-1B status requires a university degree or its equivalent, although if an applicant is short of the full degree, work experience of increasing responsibility for 3 years of experience have been held to be the equivalent of one year of university. An accredited evaluation company may estimate the equivalence of education and experience to evaluate if the candidate has the equivalent of a university degree.
The H-1B status requires a theoretical and practical application of a highly specialized knowledge and attainment of a university degree or its equivalent in the specific field for which the candidate is seeking the position being appraised by the Immigration Service.
The H-1B applicant enters the U.S. as a specialty worker or professional for a temporary time period unlike the job creation investors’ visas that ultimately become permanent residents. Dual intent is allowed for the H-1B as it is not necessary to prove an address abroad. The H-1B visa holder may have both a short term intent to leave the U.S. after the temporary authorization expires and also a long term intent to return as a permanent resident when the quota immigrant category becomes available. For example, a computer programmer who has come to the U.S. as an H-1 for a limited time, either for 3 or 6 years, may also have a permanent residence application pending at the same time. The permanent residence quota category may require a wait of several years depending on the country of nationality. If the quota is not current at the time the last extension has expired, the H-1B holder would have to return to his/her country to await the grant of permanent residence through quota availability This may then entail a wait of years abroad. The desire on the part of the H-1B candidate for permanent residence does not disqualify the H-1B candidate from having H-1B status because of the dual intent doctrine. Even though for example a permanent resident visa is pending for an applicant, he/she may still apply for an extension of the H, L, E-1 and E-2, and O and P categories.An H-1B visa is a work authorization for a person in a specialty occupation or a profession; or a fashion model of distinguished merit and ability who is coming temporarily to the U.S. A baccalaureate degree from a university or its equivalent is the minimum requirement. A Labor Condition application must be filed, proving that the applicant will receive the prevailing wage for the specialty occupation in the area he/she will work in the U.S. Sixty Five Thousand H-1B visas are available annually, with an additional 20,000 for applicantswho have graduated from an American University with a level of education equivalent to a Master’s Degree or higher. The H-1B holder can receive up to 6 years of authorized stay. If the H-1B holder resides fewer than 6 months of the year in the U.S. annually, he/she may be extended in the H-1B status indefinitely.If an H-1B holder has applied for permanent residence through a Labor Certification and a Preference and 365 days have elapsed since the filing of the Labor Certification, the H-1B’s status may be extended in one year increments until permanent residence is granted.The H-1B status holder who is in status may change companies at will and may start to work for the new employer as soon as the new application is filed with the Immigration Service. It is not necessary to wait until the application is approved.H-1B status requires a university degree or its equivalent, although if an applicant is short of the full degree, work experience of increasing responsibility for 3 years of experience have been held to be the equivalent of one year of university. An accredited evaluation company may estimate the equivalence of education and experience to evaluate if the candidate has the equivalent of a university degree. The H-1B status requires a theoretical and practical application of a highly specialized knowledge and attainment of a university degree or its equivalent in the specific field for which the candidate is seeking the position being appraised by the Immigration Service.
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