An H-1B visa allows a U.S. employer to hire someone with training in a specialty occupation such as IT, finance or engineering. A specialty occupation means someone with a U.S. bachelor’s degree or its equivalent in the relevant profession.
Requirements for the H-1B Visa:
The H-1B employer must obtain a Labor Condition Application (LCA) from the U.S. Department of Labor before filing the petition with USCIS.
An employer is required to pay at least 100% of the prevailing wage.
Duration of Stay
H-1B visas are issued for up to three years at a time for a total of up to six years. They are employer-specific but can be transferred from one employer to another, and an individual can work full or part time. An H-1B employee may receive an extension beyond six years in some circumstances, such as when an individual is applying for permanent U.S. residence through an employer.
Spouses and Children
The spouse and minor children of an H-1B worker can live in the U.S. under H-4 status, which lets them study but not work in the U.S.
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