H 1B visa is the most important work visa in the United States. It is a non-immigrant visa issued to employees with foreign nationality and professional skills employed by American companies. H 1B visa holders can work in the United States for three years, which can be extended for another three years. After the expiration of six years, visa holders must leave the United States if their status has not changed. If you have left the country for more than one year, you can use H 1B to re-enter.
The definition of "professional work" in the immigration law is that this job requires the application of professional theoretical knowledge and requires the applicant to have at least a bachelor's degree. Only jobs that meet one of the following conditions are "professional jobs".
1, bachelor degree or above, or equivalent foreign education in the United States, is the minimum standard for this job.
2. Education is the most normal requirement for the same position for companies with the same nature of work in the same industry. Or, the employer can provide material proof, because the work of this position is very complicated, and only individuals with academic qualifications can be competent.
3. Employers usually ask people with educational background to undertake this job.
4. The responsibilities of a certain job are very specialized and complicated, and the knowledge required to engage in this job is usually associated with a bachelor's degree or above.
The above conditions are the criteria for the Immigration Bureau to judge whether a job is a "professional job". In addition, the Immigration Bureau also pointed out that judging whether a position belongs to "professional work", the specific job responsibilities and the business nature of the employer are also standards.
Just because the beneficiary of H 1B has a degree does not mean that his work must be "professional work". Moreover, if the duties that meet the nature of "professional work" only account for a small part of the duties of the job, the job cannot be a professional job. According to the post responsibility standard formulated by the Ministry of Labor, the Immigration Bureau judges whether the job conforms to "professional work". The employer's ability to pay and the size of the company have become the criteria for the Immigration Bureau to examine H 1B applications.
Applying for an H 1B visa requires a guarantee from an American employer. Employers must file an application form for labor status (LCA) with the US Department of Labor, and guarantee to pay salaries and provide working conditions according to prevailing salary standards. At the same time, the employer must submit the I- 129 form to the US Immigration Service and pay the corresponding application fee.
According to the current law, foreigners can hold an H 1B visa for up to six years. In most cases, the first application is usually three years, and then extended for another three years.
H 1B visa is different from other kinds of visas. It is submitted to the Immigration Bureau by the employer on behalf of the applicant in the United States, and the approval letter from the Immigration Bureau can be obtained without being present in person. If the beneficiary of H 1B is not in the United States, you can apply for an H 1B visa with the approval letter from the American Embassy.
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