H-1B VISA
Established by the Immigration Act of 1990 (IMMACT 90), this H-1B nonimmigrant type visa allows U.S. employers to increase the existing labor force with highly skilled temporary workers. First the H-1B workers are allowed to the United States for a period of three years to work for the employer, this may be extended for an additional three years.
The H-1B visa program is used by many U.S. employers to employ foreign skilled workers in specialty occupations that require theoretical or technical expertise in selected specialized field which requires attainment of a bachelor's degree or its foreign equivalent as a minimum for entry into the occupation. Typical H-1B occupations include Programmer Analyst, Systems Analyst, Project Managers, Market Research Analyst, Sales Manager, Marketing Manager, Sales Engineers, architects, engineers, computer programmers, accountants, doctors and college professors. The H-1B visa program also includes fashion models. The current annual cap on the H-1B category is 65,000.
(Cap means annual numerical limitations given by the Congress on the numbers of workers authorized to be admitted on different types of visas or authorized to change status if visa holder is in already in the United States)
H-1B Visa is also in nonimmigrant visa categories but it allows an H-1B visa holder to apply for permanent residency.
H-1B visa have limitation currently annual limit offer 65,000 visas
in which 6,800 visas are set aside for Singapore and Chile under "special quota".
Total visas open for all countries including India is 58,200.
Additional 20,000 H-1B visas are available for Master's or higher degree graduates from USA Universities.
It's better to Submit your application early. Normally this can be done 6 months prior to the employment starting date.
There are Exemptions for those coming under mentioned situation,
H-1B applicants will not be subject to cap, Extending time of current H-1B worker to remain in US and Amendments, Changing terms of existing employment like change in work location, promotion in the job, company mergers/acquisitions, reduction or increasing the number of hours of work, changes in job duties, also change of employers like transfers current H-1B worker changing employers. Concurrent Employment which the current H-1B worker working concurrently for a new employer. Non-Profit, Workers employed at institutions of higher education or a related or affiliated nonprofit entity or at nonprofit research organization or governmental research organization. Physicians working under State 30 or federal government agency waivers based on serving underserved communities.
The Employer who wants to employ a H-1B visa must meet the following rules given by the department of labor (DOL)
H-1B worker must be paid 100% of the prevailing wage;
H-1B worker must be paid during non-productive status (No benching is allowed)
Employer must attest that there is no strike or lockout or layoffs in the area of employment;
Employer must attest that the working conditions of H-1B worker will not adversely affect the working conditions of similarly employed U.S. workers
Employer must provide a copy of Labor Application to the H-1B worker within 3-days from employment start date and also provide a copy of the same to the bargaining unit where available or in absence of a bargaining unit, post the labor application at the place of employment for 10 consecutive business days and document the posting. Otherwise is authorized to frequently audit companies who hire nonimmigrant under H-1B program to check for compliance with H-1B laws and regulations outlined above. Failure to comply can result in stiff penalties such as fines and disqualification of the employer from hiring H-1B workers permanently.
With a H-1B visa time period for stay.
A person can stay 6 years with H1-B visa, first 3 years and can extend it for another 3 years. To apply for another H1-B visa after 6 years, the person must have stayed out USA for 1 year.
Some H-1B workers can extend their status beyond the 6 years in one year increments if: 365 days or more have passed since the filing of any application for labor certification that is required or used by the alien to obtain status as an EB immigrant, or 365 days or more have passed since the filing of an EB immigrant petition. With the recent introduction of premium processing of immigrant visa petitions, H-1B workers can extend their status in 3 year increments if their immigration visa petition is approved.