An H-1B visa is essential if you are visiting the U.S to perform services in a pre-arranged professional job. To qualify, the individual is required to hold a bachelor’s or higher degree in the specific specialty for which you seek employment. The USCIS would determine whether the employment constitutes a specialty occupation and as to whether you are qualified to perform the services. The employer must file a labor condition application with the Department of Labor concerning the terms as well as conditions of its contract of employment with you.
Under H1B Visa requirements, the organization or the employer is the petitioner. They have to file H-1B petition for hiring the employee. While the foreign worker are beneficiary and other important point to be considered is that, the foreign individuals cannot themselves apply for a USA H-1B Visa which will permit them to work in the US. The number of USA H-1B visas issued every single year, is subject to the annual cap, which is determined by the US Congress.
All foreign workers are required to posse’s minimum bachelor’s degree or its equivalent (this requirement can be met by having a 3 year degree and 3 years of relevant post graduate experience). Occupations which qualify for an H-1B Visa require highly specialized knowledge in field of human endeavor including, but are not limited to Architecture, Mathematics, Engineering, Social Science, physical Scientific Research, and healthcare/Medicine, Accounting, Education, Theology, Law, Finance, Computing, Banking, Sales, Marketing, Telecommunication and Recruiting.
Recently, the US has made an announcement that it will provide work permits to the spouses of H-1B visa holders beginning May 26, this year. This particular move is expected to offer benefit to thousands of talented professional Indian spouses who have come to the US but are unable to work.
The DHS (Department of Homeland Security) has added that, this change will help to reduce the economic burden and stress on H-1B non immigrants as well as their families during the transition from non immigrant to lawful permanent resident status.