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Law Offices of Fred L. Valentine, Jr.>Immigration>Work Visa>H1-B

H-1B Work Visa

H1B visas are available for example in the below categories:

Dentists	Architects	University professors and teachers
Psychologists	Journalists and editors	IT / Computer professionals
Foreign Law advisors	Technical publications writers	Engineers
Market research analysts	Systems analysts	Healthcare workers
Scientists	Surgeons	Financial analysts
Nurses	Lawyers	Accountants
Physicians	Management consultants	Teachers in elementary or secondary schools, colleges

Visas for occupational preference is filed U.S Citizenship and Immigration Services. Employer must have secured labor certification from the Department of Labor before presenting the petition to the U.S Citizenship and Immigration Services District Office. The U.S Citizenship and Immigration Services endorses the visa petition and forwards it to US Consul at the Embassy in the country where the client is expected to complete the rest of the processing. After the petition has been approved, a NOTICE OF APPROVAL will be sent to the applicant, with which he or she can use to apply for the visa. Note: The final decision to issue a Visa is with the Consul at the Embassy.

H1-B Visa

The H1-B visa is also called a "work visa". The H-1B allows the foreign worker to enter the United States to work temporarily as a professional.

Qualifications:

To qualify, foreign workers must:

have advanced degrees or exceptional ability;
be professionals (Bachelor's Degree or the equivalent);
or, be a skilled worker.

Most importantly, the determination must be made that the occupation sought is of a special nature that cannot be easily filled with the workforce available in the United States.The sponsoring employer is normally in the best position to complete this requirement.

Already in the United States?

If a foreigner is in the country on another form of visa, the status could be changed to a H1-B visa if the petition is approved. For example, an individual in the United States on a student visa may seek an H1-B visa to remain in this country after their student visa expires. Requirements for foreign nationals already in the U.S. is similar to the requirements for non-resident aliens. They must also demonstrate their specialty and credentials.

Validity of the H1-B Visa

The H1-B visa is valid for three years. However, it may also be extended for an additional three years resulting in six years. Changing employers will not extend the visa validity. After the H1-B visa expires, the foreigner must leave the country for no less than one year. After the one year period has elapsed, the foreigner may once again reapply for the H1-B. However, if during the six year period, the foreigner desires to become a permanent legal resident, due to the complexities of the system, professional representation is advised.

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