The H1B visa enables foreign professionals to be employed in USA. The visa program enables US employers to hire foreign professionals, initially for three (3) years and extended up to a total of six (6) years. Visa validity could be extended beyond six years if the employee has applied for permanent residency in USA. One of the things that makes this visa so desirable is that, unlike many other nonimmigrant visa categories, it is a "dual intent" visa. By this, the employee can apply for permanent residency within few months of arrival in USA.
Qualifying occupations & criteria: are specialty categories such as computer science, health care, university jobs, engineering, law, accounting, financial analysis, management consulting, architecture and scientific research positions.
Employee's family (spouse and kids) can accompany employee through the dependant H4 visa program. They are permitted to live in the US during the period that the H1B visa is in effect, but can not be a paid employee.
H1B Quota: In US, the fiscal year starts on October 1st. US Congress determines how many visas are issued each fiscal year. Currently, there are 65,000 visas for fiscal year 2008, which starts on October 1, 2007. This maximum number is called as “cap”. For applicants holding Masters degree from USA, there is a separate quota of 20,000 visas.
Applications for H1B for a given fiscal year are accepted beginning April 1st of the current year. For e.g.: If you want to apply for fiscal year 2008 (which begins on October 1, 2007), you can file your application beginning April 1, 2007.
Once available visas are issued, immigration department will not accept anymore applications. It is important to remember that visas run out very quickly. Fiscal year 2007 visas were all issued in less than 2 months, and it is estimated to be even quicker for fiscal 2008.
Documents Required for filing H1B
- College Degree/diplomas (Associate, Bachelor, Master, Ph.D)
- College transcripts/academic records
- Certificate/diploma of training courses in IT
- Evidence of license or professional membership in IT
- Any reference letters from colleges, mangers, employers to support proof of employment and experience in specialty applied
- Employment verification in the form of retrospective references (these must correlate with information in CV/Resume)
- Current CV/Resume describing in detail employment history including: name & address of employer, job title, month/year commenced employment & month/year concluded employment, type of business, duties performed, full/part time
- Identity page in passport plus any pages evidencing current or expired US Visas.
I-94 card
As an immigrant, when you arrive in the U.S., an arrival/departure record card is issued and placed in your passport next to your visa. This is called an I-94 card that permits a foreigner to be in the U.S. (as opposed to visa that provides the right to travel in and out of the U.S. in a certain status, e.g. H1B visa status).
The U.S. immigration official at the U.S. port of entry will review the foreigner’s immigration documents (e.g. H1B visa) and stamp the I-94 card with an expiry date consistent with the visa expiry. It should be noted that the immigration official has the power to limit a foreigner’s stay irrespective of the visa expiration. The I-94 card is removed when a foreigner departs the U.S.
