The H-1B visa is undoubtedly one of the most sought-after nonimmigrant visas administered by the U.S. Citizenship and Immigration Services (USCIS). Its appeal lies in the array of benefits it offers to both employers and foreign national workers.
Legal Authorization to Work: H-1B status grants foreign national workers the legal authorization to work in the United States in a “specialty” occupation for up to six years.
Earnings Potential: H-1B beneficiaries can earn income from one or more employers, allowing them to maximize their earning potential.
Employer Choice: H-1B workers are not bound to a single employer. They can switch employers, thanks to the portability rule, which allows those with valid H-1B status to work for a different sponsoring employer without waiting for a Form I-129 approval.
Flexible Hours: H-1B workers are only required to work a minimum of 50% of the full-time hours typical for their industry. This flexibility allows for multiple job opportunities and varied work schedules. There is no requirement for a position to be full-time in order to qualify for H-1B classification with USCIS.
Time Off: H-1B employees can take extended leaves of absence without losing their status, ensuring flexibility in managing personal and professional life.
Employee Rights: Employers are prohibited from “benching” H-1B workers, ensuring job security and fair treatment for employees.
Spouses and Children: H-1B visa holders can bring their spouses and children under the age of 21 to live in the United States. Although H-4 visa holders cannot work without authorization, they can attend school or university.
Schooling: H-4 dependents can attend schools part-time or full-time while in the U.S.
No Foreign Residence Requirement: H-1B visa holders do not need to maintain a foreign residence, a requirement for several other temporary visas, allowing for greater flexibility.
Duration of Status: H-1B status can be extended beyond the initial six-year limit under specific circumstances, such as pending PERM or Form I-140 petitions.
Parlaying H-1B Status into Permanent Residency: H-1B visa holders can apply for permanent residency without their temporary status affecting their eligibility.
At Jeelani Law Firm, we recognize the significance of H-1B visas for both employers and employees. Our experienced immigration attorneys are here to guide you through the intricate H-1B application process, ensuring clarity and success. Whether you are an employer or a prospective employee, our track record of success and seasoned staff make us your trusted partner in H-1B visa petitions.For personalized assistance with your H-1B visa application or to explore your immigration options, contact Jeelani Law Firm today.