Immigration
The H-1B Visa for working in USA
Many major American companies whcih are the main stay of the American
economy are dominated by Indian professional. This transfer of
professionals to America was possible due to the H-1B visa. But after the
nuclear test by India in May 1998 the immigration possiblities of
professional from India became difficult as America imposed many
rtestrictions on issue of the required VISA. Even then the H 1B visa is
one of the most widely used US employment visas. This type of visa is
widely used for newly hired foreign employees in "speciality
occupations''.
America can not deny that its induatries depend heavily on the foreign
professions who are employed US companies.And most of these foreign
professionals use the H-1B visa and are emplyed to meet skill shortages in
the US labour market. There is always a shortage of employees in the
industries and the limit to issue 65,000 annual visa limit for H-1B visas
would be inadequate. In the American senate there has been a demand to
increase the number of H-1B visas to 95,000 per year with the provisions
of increasing it to 1,05,000 a year within the next 5 years.
The extensive lobbying by the industrialist and efforts of the senators
paid and the H-1B visas have been increased to 95,000 it means that more
people from India should logically find employment in US under this
category. The H-1B visa category is needed for positions requiring a
minimum of a bachelor's degree in a specific specialisation. A candidate
without the required degree may even qualify for the H1B visa by
substituting 3 years of qualifying experience for each missing year of
college equivalence.
But H-1B is not the only visa which the companies can utilise for hiring
foreign professionals. The other options available are the B-1 (business
visitor) L-1 (intra company transferee,) E (treaty trader and investor) TN
(professional for Canadian or Mexican) or 0-1 (extra ordinary ability)
visa, each of which has a qualifying criteria.
H-1B visas are in demand because they can be issued quickly, are
available for accompanying relatives, allows travel in and out of USA. And
it allows to remain there continuously. It acts a legal documnet to work
in USA for the H-1B sponsor. The limitations are that it cannot be held
for more than six years, at the expiry which the H-1B visa holder must
return to the home country. Employers must have an attestation on file
with the US Department of Labor (DOL) before they can sponsor an H-1B
visa. A holder of a H-1B visa is restricted to work only for the employer
who is the H1B visa sponsor. To change a job a new H-1B visa is needed.
Also, accompanying relatives allowed to stay in US with the visa holder
are not entitled to work there.
The eligibility requirements for an H-1B visa :
The candidate must be a member of a profession with a college degree or
its equivalent work experience. US immigration law is vague about the
definition of "profession'', stating only that the meaning includes
such occupation as architects, lawyers, physicians, engineers and
teachers.
Other occupations not specifically mentioned but routinely recognised as "professions''
include accountants, computer systems analyst, physical therapists,
chemists, medical technologists, hotel managers and upper level business
managers.
The Immigration and Naturalisation Service (INS) considers every three
years of experience equivalent to one year of college. As a part of
judging of H-1B eligibility INS needs evaluation from accredited
credential evaluation services of US.
You must have a job offer from a qualified US employer for the work to be
performed in the US. Whether or not you can form your own corporation and
have that corporation to act as your sponsoring employer is not completely
clear under the US laws. But when the company you own is a legitimate
business corporation and is not depended on your presence to operate,
there should be no trouble in using the company as a sponsor. If however,
the corporation appears to be formed strictly for the purpose of getting
you a visa there is likely to be a problem with your H1B visa application.
The job you have been offered must be one that requires a degree of
professional work. It can't be for just any type of work. The position
must really require the skills of a highly educated person. A person who
is an ordinary computer operator or is having merely basic knowledge about
a computer will not qualify as this visas are meant for speciality
occupations.
You must have the correct background to qualify for the job which you have
been offered. If you are a qualified nuclear scientist but are offered a
position of managing a US pharmaceutical factory you will not be granted
an H-1B visa, because you have no background in pharmaceutical factory
management.
If, however, you are asked to manage a factory that produces kinds of
items where your nuclear science is useful, you would be eligible for the
H-1B visa. Your employer must have filed an attestation or labour
condition statement with Department of Labor. The INS rarely holds
interviews on H-1B visa petitions. Even if they do, the interview is
always with the employer. However, if the visa applicant is in US he may
be asked to appear as well.
Even if you have been or are working or living in US you can still get a
H-1B visa from a US consulate if you otherwise qualify. The H-1B visa
category thus is restricted to those in speciality occupation, people
whose skills are not considered professional, will have to apply under the
H-2B visa category.
Know more about this Package !!!
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