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The H1B visa
program allows US employers to bring in foreign
nationals with certain professional qualifications
to work in the country for a specified period
of time. The H1B visa serves as a work permit
and allows workers in specialty occupations
to work in the US for up to six (6) years
at a time.
Unlike many
other nonimmigrant visa categories, the H1B
visa is categorized as a "dual intent" visa.
This means that the visa allows the holder
to apply for a Green Card and that the visa
will not be denied simply because the person
has intentions to become a permanent resident.
Apart from
the need to document that the job being offered
is in a specialty occupation and that the
employee has the appropriate credentials for
the job, the employer would also need to prove
that the H1B visa worker is being paid the
prevailing wage for the work being performed
and that the employment of such person is
not harming conditions for US workers.
An H1B visa
holder may be permitted to bring their spouse
and children during the validity of the visa.
The family members would receive an H4 visa
- H4 visa holders cannot take up paid employment.
Some of the
specialty occupation categories covered by
H1B visas are for jobs in the fields of computer
science, health care, university teaching,
engineering, financial analysis, management
consulting, law, accounting, architecture
and scientific research positions. |