US H1B Visa-FAQs(1)

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Q.What is H-1B work Visa?
A: The H-1B specialty workers Visa is a nonimmigrant Visa which allows foreigners nationals to enter the U.S. and perform services in a prearranged professional job. The job must be in a 'specialty occupation' and must require a bachelor's degree as a minimum for entry into the field.

Q.What is 'specialty occupation' for the purposes of H-1B Visa?
A: A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent.

Q.How do I qualify for H-1B Visa?
A: To qualify for H-1B Visa, you must:
• Demonstrate that you have the ability to work in the specialty occupation that requires the theoretical and practical application of highly specialized knowledge
• Be coming to the U.S. to earn money or a livelihood working in a professional capacity, and not for pursuing a hobby, for pass time, giving free advice or humanitarian service
• Seek temporary entry into the U.S.
• Have a bachelor's degree or the equivalent in work experience. You should have bachelor's degree plus three years of work experience for each year of missing university education. This would be considered four-year bachelor's degree

Q. What are the benefits of H-1B Visas?
A: The benefits of H-1B Visa are:
• Multiple H-1B Visas: In most cases, there are no limits to the number of H-1B Visas an individual may have in their lifetime
• Green Card: The H-1B professionals may simultaneously seek Lawful Permanent Residency or a Green Card for themselves and for their family
• Cost of early dismissal: The employer must agree to pay the foreign national the reasonable cost of transportation to go back to his/her home country if the employer terminates employment prior to the end of the authorized employment period. The foreign national will then go back to his/her home country. Normally, this is not a problem since the foreign national usually desires to stay in the U.S. and changes into another nonimmigrant status
• If you change jobs you must reapply for a new Visa, under the new position. This does not mean that you have another six years. The H category Visa allows you to stay in the country for six years, regardless of whether you changed employers during this period. Those who arrived in the country on H-4 Visas, and converted to H-1B status, have to remember that this six-year period starts counting from the day they arrived in the country on their H-4 Visa

Q. What are the limitations of H-1B Visas(Annual H1B Cap)?
A: The limitations of H-1B Visa are:
• Temporary Duration: Because of the H-1B Visa's temporary nature, individuals who seek H-1B Visa must have the intent to remain in the U.S. only temporarily. However, individuals who seek H-1B Visas need not maintain a foreign residence and may later petition for Lawful Permanent Residence. If a petition for Lawful Permanent Residence is not made or the petition for Lawful Permanent Residence is denied, the H-1B worker will be required to return to his/her home country at the end of the authorized employment period.
• The H-1B Cap: An annual numerical limit is imposed on the number of H-1B Visas issued during a fiscal year. For the fiscal year 2006, the cap is 65,000. In addition, there are 20,000 special cap exemptions for people with U.S. masters' degrees and education beyond a U.S. master's degree. However, the quota only applies to new H-1B applications, and does not apply to H-1B status holders who are seeking extensions or change of employer.