What is an H1-B visa?
The H-1B is a non-immigrant visa classification under the Immigration and Nationality Act, section 101(a)(17)(H), that allows companies in the United States to temporarily hire highly skilled foreign workers in specialty occupations.
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Specialty occupations
A “specialty occupation” is generally one that requires a bachelor’s degree or higher, or its equivalent, or whose duties are so specialized that the knowledge required to perform the duties is equivalent to receiving a bachelor’s or higher degree in that field. Examples of “specialty occupations” include computer/IT positions, architecture, engineering, education, law, medicine, accounting, and biotechnology. The program is heavily used by tech companies, such as Apple, Google, and Microsoft, as well as IT outsourcing firms like Tata Consultancy Services, Infosys, and Wipro.
What is the purpose of the H1-B Visa
The purpose of the H-1B visa is to help U.S. employers obtain the needed business skills and abilities when they are unable to find enough skilled workers within the United States to fill their open positions. The H-1B is a non-immigrant visa, which means that a foreign national is only authorized to work in the United States for a limited period of time, usually three (3) years. This three-year duration of stay may be renewed once, for an additional three years.
Dual Intent
The H-1B visa is a non-immigrant visa. It is unique because it is one of the few temporary visas that can have dual intent i.e. an H-1B holder can apply and obtain a green card (permanent residency). There is no longer a need to have a foreign address in order to apply for the H1-B visa, this requirement was removed in the Immigration Act of 1990.