The H1-B Work Visa – A Gateway From Education To U.S. Employment
Entry to work in specialized occupations
Some U.S. employers have difficulty filling job openings for specialized occupations. This is especially true in high-tech fields and other industries where professional workers are in high demand. Employers have come to rely on foreign-born skilled workers to fill some of these jobs because qualified U.S. workers often are not readily available.
The visa designed to deal with this problem is known as the “H-1B specialized occupation visa” – a temporary visa for professionals or persons in specialty occupations. The visa is initially granted for three years, with the possible extension for up to another three years.
One advantage of this visa is that a person who qualifies will likely also qualify for permanent residency.
Occupations Covered By H-1B Visas
Technically, almost any job can qualify as a “specialty” for purposing of applying for the H-1B visa, so long as the specialty is accompanied by an established and recognized graduate degree.
The most popular specialty occupations include:
- Accountants
- Architects
- Attorneys
- Engineers
- Medical Doctors
- Nursing Specialists
- Pharmacists
- Programmers
- Scientists
Experience in a specialized field may qualify you in lieu of having a graduate degree
Some workers without college degrees may obtain an H-1B visa because they have gained professional expertise through “degree equivalency”. This type of applicant will be required to present evidence from a knowledgeable expert that the experience is equivalent to education.
Whether your specific occupation qualifies is a highly technical question that can be addressed by an experienced immigration attorney.
Finding an employer to act as a sponsor
Many employers are familiar with the H-1B visa. The employer must certify that the prevailing wage will be paid and that other U.S. workers will not be adversely affected.The best place to begin is by looking at standard job announcements in your particular field of specialty or talking with friends working in the field.
The question of your immigration status will come up during the job search process, and you may want to have the name or names of local immigration lawyers whom the employer can consult for an H-1B visa. Assuming the employer does not already have a regular immigration attorney. Experienced immigration lawyers are often familiar with employers who regularly petition for H-1B workers.
May I Switch From A Student Visa To An H-1B?
Yes, if you do it properly. The H-1B visa program provides an excellent vehicle for foreign students to work in the United States for up to six years after graduating. The basic requirement for an H-1B is a bachelor’s degree in a specialty field – such as in business or the high-tech industry.
Foreign students focusing on job specialty areas
A person who studies and obtains a degree in a field with a special need for such workers is, in effect, laying the foundation for an H-1B position while in college. The practical training that a student can get while studying in the U.S. and interning for a potential H-1B U.S.-based company is an excellent way of building a trusting relationship that can lead to full-time employment with that employer.
Information On Education Visas
Short-Term Education Visa
Persons admitted for short periods are described as “nonimmigrants,” meaning they do not expect to remain in the U.S.
How long may I remain in the U.S. with a student visa?
A student can remain they are in school. An H-1 or intracompany transferee (L-1) may be granted three or more years.
Student Visas
Tourists may enroll as part-time students so long as the course is completed within the permitted time to visit.
Some people may enter as full-time students, which requires a minimum of twelve hours of instruction per week to attend colleges, universities, conservatories, or other academic institutions or language training programs. Some students enter to participate in vocational education programs.
The student may attend only a school approved by the INS. The student must have the school issue a Form I-20 (Certificate of Eligibility), which must be filed with the foreign student visa application.
Generally, the school or program’s advertising literature will indicate whether it is authorized to accept international students.
May I work while going to school?
International students may work up to 20 hours per week on campus without the permission of immigration officials. This may include working in the dorm, the school cafeteria, or even as a teaching assistant. The foreign student advisor gives work authorization.
Working Off-Campus
Working off-campus is permitted in certain circumstances (such as an emergency or an unanticipated change in a person’s financial situation) after the first year of study if the student is carrying a full load and is not working more than twenty hours per week while school is in session. During the summer, the student may work forty hours per week.
Off-campus employment requires advance approval by immigration officials, who will want to know if there is an economic necessity for such employment. The INS may consider working off campus without permission a violation of the condition of status and a ground for deportation.
May I stay after I graduate?
The student must be prepared to leave the U.S. after graduation unless permitted to change to another status.
A student who has completed college studies might get permission to work in “practical training.” The school must certify that the employment is recommended for practical training in the student’s field of study. The application for practical training must be made at most 60 days before graduation or more than 30 days after graduation. The maximum period of practical training is 12 months.
Previously authorized off-campus work during the school year will be counted in the 12 months of practical training, so someone who has already worked off-campus might not be able to get this additional practical training.
Practical Training And Internships
Practical training can be very valuable. It can help a student learn to apply theoretical knowledge and lead to a relationship with an employer who might later sponsor the student for another visa or even permanent residence.
For Current And Future 2023 Updates, Refer To The US Immigration Website.
Immigration Lawyers
Should you want more information about your specific situation, consider consulting with an online immigration lawyer.
