H-1B Visa (Persons in a Specialty Occupation)

H-1B visa 2017 is suitable for the following categories of people:

  • Foreign professionals with specialized knowledge, such as scientists, engineers, programmers, research analysts, management consultants, journalists, accountants, and others with Bachelor’s or an equivalent degree
  • Foreign nationals entering the U.S. to offer exceptional services relating to cooperative research and development projects administered by the U.S. department of defense
  • Professional nurses entering the U.S. to perform complex job duties or supervise nursing operations
  • Distinguished fashion models
  • U.S. companies to bring in qualified foreign professionals for jobs that require a bachelors degree and specialized skills

The H-1B Visa 2017 has become a somewhat mythical visa category over the years. It is the visa everybody wants and thus, it is the type of visa that receives the most attention. The laws regarding the H-1B Visa 2017 constantly change; interested candidates should stay informed about the frequent updates to the law. New York State Immigration Services is well-experienced when it comes to such types of visa applications.

The H-1B visa 2017 is also known as work visa to the USA. The U.S. businesses use the H-1B Visa 2017 program allowing foreign workers in “specialty occupations” to enter the U.S. and work in a variety of fields, including Architecture, Engineering, Modeling, Medicine, and Health. When the application is in the process, the H-1B visa functions much like a UK work permit application; in that procedure, the employer begins with an offer of employment from a United States based company. US immigration for work purposes in all cases needs a pre-arranged job offer and employer who is willing to undergo the complex petitioning process. This visa is sometimes used to hire workers for the Department of Defense. The H-1B visa 2017 offers a wide range of employment possibilities and is a substantial first step toward permanent immigration. This approved petition (Form I-797) is a work permit which allows you to receive a visa stamp and work in the U.S. for that employer. This visa is issued in three-year increments, for a maximum of six years.

Qualifying Criteria

A U.S. based employer can offer the applicant a guaranteed permanent full-time employment. However, the candidate in question must also qualify a range of criteria. The U.S. H-1B visa is targeted for the potential employees who will be immigrating to the USA in order to work in a specialty occupation, i.e. a job that requires a significant deal of specialist knowledge and skilled one by the acquirement of a U.S. equivalent Bachelor’s Degree. Moreover, candidates are expected to have either:

  • The equivalent of a 4-year US equivalent Bachelor’s degree, relevant to the field in which job is being offered (Most UK Bachelor’s Degree’s are equivalent).
  • Candidate with work experience of about 12 years in a specialized field, or a combination of education and work experience of total 12 years (1 year of higher education equals 3 years of work experience).
  • Professionals such as lawyers, accountants, and doctors must be having the professional license to practice in the state in which employment is offered. This may involve passing a relevant state professional examination.

H-1B Visa 2017 Quota and H-1B Cap Systems

Every year there is an annual Quota (limit) of ‘new’ H-1B visas that can be granted; which is also known as the H1B Cap 2017. H-1B cap-subject visa petitions can start to be filed from April 1st every year. Moreover, there is a quota or limited amount of H-1B visas allotted in a fiscal year. April 1st is the first day that H-1B applications are accepted by USCIS. The H-1B Fiscal Year (FY) Cap Season began on April 1, 2013. The total H-1B quota allotment is divided between the Regular H-1B Cap and the ADE H-1B Cap are:
The Regular H-1B Cap is available to those who are living abroad and want to get their first H-1B visa 2017, and to those in the US who want to change their current visa status to H-1B visa 2017 status.
The ADE Cap (Advanced Degree Exemption) is available for a graduate from a US university/college with a Masters level or higher level degree.

For 2015, the cap of 85,000 H-1B visas was reached in April 2015. Out of 85,000 visas, 65,000 visas were available for the Regular cap and 20,000 cap as visas are available for the US Masters Degree Cap.

Example: When H-1B visas are still available in November or December, visas can still be filed for and issued (with immediate employment start dates). The first date that anyone who has been issued a cap-subject visa earlier in the year (from April-September), can start work for their new employer/sponsor company.

Applicants must have a U.S. Bachelor’s Degree in their specialty or a license in fields that require licensing, such as teaching or pharmacy. The visa is not self-petitioned, which means you will need an employer to sponsor you. You can stay in the U.S. for up to six years, after which you are required to leave the U.S. for at least one year before being eligible again.
Your spouse and unmarried children under the age of 21 may join you in the U.S. under H-4 status. However, they are not permitted to work unless they personally qualify for a work visa.

Source of Information: www.uscis.gov