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H-1B Visas
What is the H-1B visa?The H-1B visa category is available for individuals employed in the United States in a "specialty occupation." A specialty occupation requires a bachelor's or higher degree in a specialized field of knowledge as a minimum for entry into the occupation. Specialty occupations include accounting, engineering, law, architecture, scientific research and many other types of jobs. Eligibility RequirementsThe requirements for an H-1B visa are as follows:
Period of Stay
Filing ProcedureObtaining H-1B visa status is a two step process:
If the prospective employee is currently in the United States, this process may be used to get approval for a change in employer or a change of status. If the prospective employee is outside of the United States, the Immigration Service sends notice of the approval to a U.S. Consulate. The employee then applies at that U.S. Consulate for a visa to enter the United States in H-1B status. Family MembersA spouse or unmarried child of a person with H-1B visa status may obtain an H-4 visa. Individuals with H-4 visa status cannot work in the United States, but may attend school. Terminations and LayoffsIf an H-1B worker is terminated or laid off before the end of the visa term, the employer may have to pay the cost of transporting the employee to his country of origin. H-1B workers who lose their jobs must either find another employer to petition on their behalf, change to a different immigration status or return to their home country. For answers to Frequently Asked Questions, go to our H-1B FAQs or answers to questions specifically designed for H-1B portability, Students and their Families and Employers. If you would like assistance preparing your H-1B petition, please contact Peng & Weber.
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