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Who Can Apply for an H-1B Visa to Enter the United States?

January 15, 2014 by Thomas Geygan

Ethnic Business TeamThere are a variety of ways for individuals to enter the United States, whether the purpose is for temporary stay, or for permanent stay.  Oftentimes, people come to the United States for the opportunity to work temporarily and provide for their families back in their home country.  Many of these workers then decide they wish to stay in the United States.  This decision requires such individuals to take further steps to lawfully remain in the United States.  For those who wish to leave the United States after working for a period of time, a non-immigrant work visa may be the best step to take.

Obtaining an H-1B Non-Immigrant Visa

If you are a foreign national and wish to work in the United States, you may have the opportunity to do so by applying for the H-1B non-immigrant visa.  In order to apply for an H-1B visa, you must have a specialty occupation, which simply means you need to specialize in a particular career field.  Examples of such specialty occupations include, but are not limited to, the following:

  • Chemistry
  • Biology
  • Biochemistry
  • Physics
  • Medicine
  • Law
  • Education
  • Engineering
  • Architecture
  • Mathematics
  • Accounting
  • Business
  • Physical sciences
  • Social sciences
  • Fashion modeling

In order to apply for an H-1B non-immigrant visa, you must have attained a bachelor degree or equivalent in your field, with the exception of fashion modeling.  Fashion modeling only requires that you have distinguished merit and ability in the field.  Overall, there is a vast array of potential career fields that you, as a foreign national, can pursue in the United States as long as you have been educated in that field in your home country or elsewhere abroad.

Once your H-1B visa has been issued and you are working and living in the United States, your income will be taxed just like any other individual working in the United States, whether that person is a citizen, permanent resident, or alien.

How Long Can I Stay in the United States With My H-1B Visa?

H-1B visas last three years, and can be extended to six years, with some exceptions.  However, if you are an H-1B visa-holder, you still may be able to seek permanent resident status if you wish to stay in the United States indefinitely.  If you do not wish to become a permanent resident and have been working in the United States for six years, you may be required to leave and then reapply for an additional H-1B visa.

It is very important to understand that not all visa applications are approved.  Many applications are denied for simple mistakes.  The required paperwork can be very confusing and should not be taken lightly.  In order to increase the chances that your application will be approved, you should seek the assistance of an immigration attorney who specializes in all types of immigration matters.  Millions of people would love to come and work in the United States, so it is imperative that you follow all required steps to ensure your application will be properly submitted.

Contact Geygan & Geygan, Ltd. Today to Schedule a Free Consultation

If you wish to apply for an H-1B visa to work in the United States, you will need an experienced immigration attorney to help you complete the required forms and guide you through what can be a very confusing process.  Working in the United States can be a wonderful experience, and having an H-1B visa provides an opportunity for foreign nationals to expand their professional careers.  The immigration attorneys of Geygan & Geygan, Ltd. have helped thousands of clients find their place in the United States, whether it be for work only, or for permanent residence.  Contact us today at (513) 791-1673 to schedule a free consultation to discuss your immigration matter.

Filed Under: H-1B

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May 15, 2017

 

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