The H-1B visa, the most common temporary work permit, is granted to foreign applicants who have been provided with a U.S. job position. The applicant should be able to establish that there is an employer-employee relationship.
The applicant must possess a bachelor’s degree or higher degree or its equivalent required for the specialized and complex nature of the specific duties.
However the government strictly limits the petitions to 65,000 per fiscal year including an additional set aside available each year for individuals with advanced degrees from U.S. institutions. This quota of H1-B visas become available on April1 for an October 1 start date. But there are some exemptions to this limit viz.
- Employees of colleges and universities and their related or affiliated nonprofit entities or research organizations;
- Employees of government research organizations
- Applicant previously held H-1B status within the past six years and have not left the U.S. for more than one year after their last stay in H-1B status
H-1B status individuals are allowed for three years of authorized employment with the sponsoring employee and may be extended up to six years total. While applying for the legal permanent residency, H-1B holders are exempted from proving that they intend to return to their home country. The spouse and children of H-1B visa holders can accompany him or her in H-4 dependent status.