The H1B Visa Program is the official and primary USA work visa / work permit. The H1B is a non-immigrant visa in the USA under the Immigration & Nationality Act, section 101(a) (15)(H). It allows US employers to employ foreign workers, from all over the world, in specialty occupations.
The US Government introduced the H1B visa to provide highly skilled International Professionals and/or International Students, from all over the World, the opportunity to live and work in America.
The H1B is the most sought after US work visa and US Immigration requires 'every' foreign national to obtain a visa in order to legally work in America.
Step 1 - you must 'first' find an H1B Job with a US Employer ("sponsor")
Step 2 - your US Employer should be willing to file your H1B Visa Application with the United States Citizenship & Immigration Services (USCIS)
*No individual can sponsor or apply for H1B visa for anyone. Only Your Employer can.
The H1B visa program is the primary method for employers to recruit & hire International professionals and International students to work in the USA.
The H1B visa enables US employers to hire foreign professionals for a specified period of time. The H1B program allows workers in specialty occupations to work in the US for up to a total of six (6) years.
One of the things that makes the H1B so desirable is that , unlike many other nonimmigrant visa categories, it is a "dual intent" visa. This means that a visa will not be denied simply because a person has intentions to become a permanent resident. The assumption is that if for some reason the permanent residency petition is denied, the person would still have the intention to return home.
Aside from documenting that the position offered is in a specialty occupation and that the employee has the appropriate credentials for the job, the employer needs to verify that the H1B visa worker is being paid the prevailing wage for the work being performed and that employment of a foreign worker is not harming conditions for US workers.
H1B Visa Qualifying occupation categories are typically jobs in the fields of IT, Computing, Finance, Accounting, Banking, Marketing, Advertising, PR, Sales, Recruiting, Engineering (all types), Teaching, HealthCare/Medical, Legal, Lawyers, Networking, Telecoms, Business, Management, Scientific Research.
The H1B Cap - The number of H1B visas issued each year is subject to a cap that is determined by US Congress. The current H1B cap is set at 65,000 plus an additional 20,000 for International students that graduate with an MBA or higher from a US University.
The H1B cap does NOT include or affect:
1. current H1B holders transferring their visa to a new employer / sponsor
2. 'New' applications for an H1B with: nonprofit organizations, Government Research organizations, and institution of higher education.
