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Your easy guide for understanding the H-1B visa

The H-1B visa allows foreign nationals from other countries to work in the US, provided they have an employment offer from an employer in the US. However, applicants cannot apply for H-1B visa on their own, but their employer needs to complete the necessary formalities. International students, who are currently studying in the US, can make the most of H-1B visa to find employment in the US. While everything may sound good and easy on paper, it may make more sense to talk to a Dallas H-1B visa attorney. Visa & immigration attorneys work with clients coming from diverse backgrounds and circumstances, and they can offer help and assistance on completing due formalities for H-1B visa. 

Duration & requirements

Applicants with the H-1B visa can get a three-year work permit and have a choice of extending the same to another three years. The applicant looking to get H-1B visa must have a bachelor’s degree or higher from college and institutions in the US, or equivalent from another country. The applicant must also have the necessary expertise required for the role. An H-1B visa holder cannot switch between jobs when on the same visa. For instance, if you want to go to another employer, you will have to apply for what is called the H-1B visa transfer. Your new employer will complete the necessary formalities. 

Things to know

All H-1B visa petitions are processed by The United States Citizenship and Immigration Services, or USCIS, and there is an annual cap. Every fiscal year, 65,000 H-1B visa petitions are accepted through a random lottery, while 20,000 additional H-1B visas are reserved for those holding advanced degrees from US institutions. If you are an employer looking to hire foreign national professionals, you will have to satisfy the condition that qualified Americans were not available for the job. For H-1B visa holders, it is possible to bring their spouses and unmarried children under 21 to the US, with the H-4 visa. The H-4 visa forms must be filled out before they go for the H-1B visa interview in their own country, if they are sponsoring the shift. 

Talk to a visa attorney

Employers often work with visa attorneys and immigration lawyers to get the support they need to get through the due formalities. An experienced visa attorney will ensure that all the paperwork is done right, so that petitions are not delayed or cancelled for small reasons and errors. 

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