H-1B Visa Temporary Employment of Foreign Workers | U.S. Business Immigration Law Firm, Manila, Philippines
The H-1B Visa to the United States allows U.S. companies to temporarily employ foreign workers in a specialty occupation. These workers are usually individuals who have theoretical or technical expertise in specialized fields such as architecture, engineering, mathematics, medicine, science, education, law, accounting, theology, or arts. To qualify, a valid employer-employee relationship must exist between the potential employer and employee with the employer having full control over the beneficiary’s employment.
Due to H-1B visas’ limited availability of 85,000 petitions fiscally, U.S. employers usually file petitions six months before the actual work date. Sixty-five thousand of the allowable number of visa recipients are overseas workers in professional or specialty occupation positions, while the remaining 20,000 visas are for advanced degree holders of a U.S. academic institution.
The H-1B visa is initially valid for three years and is extendable to a maximum of six years. Qualified foreign nationals can apply for and obtain a green card while in the U.S. on an H-1B visa.