Applying for a non immigrant visa is generally quicker than applying for a US Green Card, therefore the H 1B visa is widespread for agencies wishing to bring in staff for long term task in the US. However, due to lack of accessible visas employers frequently ought to examine making use of for other visa classes akin to the L 1B for specialised staff, L 1A for managers and bosses, E 2 Treaty Investor visa, E 1 Treaty Trader visa, E 3 for Australians etc. Please note that individuals cannot apply without delay for an H 1B visa. Instead the enterprise must petition for entry of the employee. H 1B visas are discipline to an annual visa cap each financial year.
US employers can begin making use of for the H 1B visa six months before the particular start date of the visa. Employers can apply once April 2, 2017 for the 2018 cap, however the beneficiary cannot start work until October 1, 2017. Current immigration law allows for a total of 85,000 new H 1B visas to be made accessible each govt fiscal year. This number includes 65,000 new H 1B visas accessible for abroad staff in uniqueness professional level occupations with a minimum of a bachelors degree, with an extra 20,000 visas available for those uniqueness staff with a complicated degree from a US academic institution. In recent years the H 1B visa cap has been closely oversubscribed near the starting of April each year.
USCIS then holds a lottery for the available H 1B visas accessible. Positions that aren’t specialty occupations, or for which the candidate lacks the qualifications/experience for an H1B visa, may be filled using an H 2B visa. Also, candidates that are not eligible for H 1B visas may are looking to consult our L 1 visa page. The L 1B visa a non immigrant visa which allows agencies working both in the US and abroad to transfer sure courses of employee from its foreign operations to their US operations for up to 5 years. The employee should have worked for a subsidiary, parent, associate or branch office of your US company outside of the US for at least 12 months out of the last three years. The H 1B visa is at the start granted for up to three years, but may then be prolonged to a greatest of six years.
Even though the H 1B visa is a non immigrant visa, it is one of the few US visa categories identified as dual intent, which means the H 1B visa holder can apply for and procure a US Green Card while in the US on an H 1B visa. If you are still in the US on an H 1B visa and wish to remain in the US for more than six years, which you can apply for everlasting residency in the US to obtain a Green Card. If you do not gain permanent residency just before the expiration of your H 1B visa, then you wish to live external the US for a minimum of twelve months before reapplying for an alternative H or L visa.