The H-1B visa program is controversial. Few people like it. Businesses say it’s too restrictive. Labor organizations complain that it displaces U.S. workers and lowers their wages.
Some politicians use it to appeal to their base with scant ability to fix the process to the benefit of all.The following overview of the H-1B visa is accurate as of the publication date.
Beware that the rules and internal business processes of the H-1B visa are complex.To know more information on H1B Visa check Orphosys Corp.
Either could be changed by legislation, executive order, or internal process reviews. For the latest rules, consult the Department of Labor, U.S. Citizenship and Immigration Services, or a legal firm specializing in immigration.
How can dependents of H-1B visa holders enter the U.S.?
Spouses and children under 21 can get an H-4 visa to enter the U.S. with an H-1B visa holder.
The H-4 visa holder can stay in the U.S. as long as the H-1B is in effect. An individual with an H-4 visa can attend school, get a driver’s license, and open a bank account.
As of May 26, 2015, certain H-4 visa holders can become “lawful permanent residents” (LPR) and become eligible to work.
What is the process to get an H-1B visa?
To obtain an H-1B visa, an employer must complete the following steps:
1. File a Labor Condition Application (Form 9035E/ 9035) with the Department of Labor. The employer demonstrates adherence to the H-1B, H-1B1 or E-3 program requirements.
The employer must attest that qualified Americans are not available and that wages to be paid are at least equal to the prevailing wage and to wages paid to others in similar positions within the company.
2. Following approval of the Labor Condition Report, the employer must file a Petition for a Nonimmigrant Worker (Form I-129) with the S. Citizenship and Immigration Services (USCIS).
In addition to the actual form, the employer needs to submit supporting documentation and payment.For more details on h1b visa staffing & recruiting agency visit Spectralreview
3. After the Petition for a Nonimmigrant Worker is approved, the named worker can apply for the actual H-1B visa. The approved visa will allow the individual to enter the U.S.
If the individual is already in the U.S, legally, the actual H-1B visa is required if the employee wants to leave and reenter the U.S.