Get An H-1b Visa Today Through A Sponsoring Employer

By Author: Michael Smith
Total Articles: 268
Comment this article

It has always been a dream for people to work in the United States and live there legally. At the same time, US employers are always keen on recruiting talented professionals in order to stay competitive. The H-1B Visa thus allows the talented professional residing overseas and the US employer to both achieve their goals.

However, the H-1B visa does have its limitations. The H-1B is a non-immigrant visa, and is limited to professionals in specialty occupations, requiring a bachelor's degree at a minimum. Moreover, currently the law limits the number of visas to only 65,000 that are issued to applicants each year. Immediate family members of an H-1B visa holders must apply for an H-4 visa that will entitle them to live legally in the US.

The best part of H-1B visa is that foreign nationals and their immediate family members are completely sponsored by the US employer. However, one cannot apply on their own for this visa. This ensures that people cannot randomly choose to work and stay in the United States on their own. An employer must sponsor the candidate, and they need a specialty occupation to be eligible for ...
... this visa. Once this employment visa is granted, the sponsored employee can work and stay in the United States for a period of three years, which may be extended to a total of six years.

When discussing H-1B visa and immediate family members, it is important to note that the law defines immediate family members as the spouse and children of the H-1B recipient. So, if a US company applies for a non-immigrant visa for one of their sponsored employees, their spouse along with any unmarried children under the age of 21 are eligible to enter the US under an H-4 visa. However, the H-4 visa also has its limitations, including the fact that H-4 visa holders are not allowed to work in the US. On the other hand, the immediate family members can continue to live together in the US, and may have the opportunity to change their status by applying for a Green Card.

The H-1B visa is different from an L-1 visa. The L-1 visa is for an existing employee who is relocated to the employers US offices. The immediate family members of an L-1 visa may be issued L-2 visas thus allowing them to reside lawfully in the US. Additionally, the spouse of an L-1 visa holder may pursue employment in the US unlike the spouse of an H-1B visa holder.

The H-1B is one of the most popular and sought after visas for talented professionals. It also can be the gateway to applying for lawful permanent residency and many people take advantage of this. Another huge advantage of this visa is, should an employee find different employer, the employee can change jobs once the new employer is willing to file a new H-1B petition on the employee's behalf.

The H-1B visa is time consuming as well as expensive for an employer. Moreover, given that only 65,000 applications are granted, there is no guarantee that a sponsored employee will be issued the visa. There are many documents required to complete an H-1B application, including a detailed job description that includes job title and duties, a labor certification approval, an appointment letter by the sponsoring employer, a passport, photos and many others specific documents.

The points discussed above are meant to highlight some of the benefits and differences between the H-1B and an L-1 visa, and is not meant to be an all-inclusive list. Always consult with an attorney to determine what is appropriate for your specific needs.

It is not only you who may benefits from an H-1B or an L-1 visa visa but also your immediate family members.