H-1B Visa. Images are for illustrative purposes only.
Shelle Ann-Simon

Shelle Ann-Simon

How to get an H-1B Visa: The advantages of filing for a temporary work visa

Learn more about the H-1B Visa requirements and why it can be beneficial to obtain a temporary work visa in the USA.

The H-1B work visa allows its beneficiaries to obtain a temporary job in the United States under non-migrant status. After a request made by the employer before the Citizenship and Immigration Service of the United States, in which the nature of the work to be performed and its duration must be specified, the H-1B work visa authorizes an individual to enter and work in American territory.

Even if you are not interested or have not yet decided to seek residence for employment in the United States, it will surely be easy for you to find the benefits of being authorized to work in the country. A no minor reason, often mentioned by the beneficiaries of the H-1B work visa, is access to greater economic stability and better wages to achieve a better quality of life for workers and their families.

If you are not sure if you qualify for an H-1B visa or one of the other temporary work visa categories, below we will review the requirements that USCIS imposes when applying for an H-1B visa. If you are interested in living in the United States permanently through a Green Card, contact us so we can help you begin your immigration journey.

What are the requirements for an H-1B Visa?

The United States Citizenship and Immigration Service groups a wide range of occupations within the H-1B category, categorized into 3 groups according to the degree of specialization and the nature of their profession.

The first of these groups, as defined by USCIS, refers to specialized employees whose occupation requires the application of complex knowledge. The beneficiary must have at least a college degree that is relevant to the task to be performed in the United States.

The next category is reserved for people who are working on development projects in conjunction with the US Department of Defense and is a type of temporary work visa usually reserved for occupations with a high degree of complexity.

Third, the last H-1B work visa category is reserved for internationally recognized high fashion models. As long as the job requires such a person, the employer may file with the USCIS an application for a haute couture model to enter the country to fill that position.

How do you get an H-1B Visa?

An employer seeking to hire H-1B workers at her company must apply for a Labor Condition Certification demonstrating their need to hire foreign talent with the Department of Labor. Then, once the candidate is found, the employer must file an I-129 petition in favor of the beneficiary, clarifying all the details of the work to be performed.

Once the petition is approved, the H-1B work visa applicant must complete the process at the United States embassy or consulate to obtain their visa and, if necessary, apply to enter the United States at a Customs Office. and Border Protection.

H-1B temporary work visas have a maximum duration of up to 3 years, and can be extended up to 6 years in exceptional cases. Once that period has expired, the beneficiaries of these temporary visas must remain outside the United States for at least 3 consecutive months before re-entering through an employment visa.

H-1B Visa. Images are for illustrative purposes only.

Can family members of an H-1B Visa beneficiary live in the United States?

The immediate family of recipients of an H-1B work visa may enter the United States under the qualification of H-4 non-immmigrants. The category authorizes them to enter and remain in the United States for the duration of the H-1B worker’s employment but does not authorize them to apply for work permits unless the visa beneficiary is in the process of changing status to obtain permanent residence.

If you are in need of immigration legal advice, do not hesitate to contact us! At the Law Office of Shelle-Ann Simon we have wide experience in immigration proceedings, family law, and personal injury and have successfully defended our clients for over 10 years. Contact us through our website or give us a call at 281-606-5362!

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