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Introduction of H1B Visa
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What does the Employee do?
The employee must prove that he or she is qualified for the specialty occupation and the specific job offered by the employer. The employee must be able to show that his or her foreign university degree is the equivalent to a US degree by obtaining a credentials evaluations of his or her education. The study or degree of equivalency must be related to the job offer.
If the worker is in the US and currently holds a valid nonimmigrant visa status, he or she may apply in the US for the H-1B visa. For example, if he or she is in lawful student status (F-1) the worker may seek a change from F-1 to H-1B. This change only gives the person the ability to work in the US for the sponsoring employer. If the worker needs to travel abroad, he or she will need to apply for an H-1B visa at a U.S. Consulate. Workers not in lawful status in the U.S. or those residing abroad, must apply for an H-1B visa at a U.S. Consulate.
How Long Can the H-1B Employee Remain in the US?
The H-1B is a temporary visa with specific limitations on periods of stay on the United States. The initial petition may be approved for up to three years. After the initial period, three or more years are available.
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