What is an H1B visa ?
The H1B visa program is the primary method for employers to recruit & hire International professionals and International students to work in the USA. The H1B visa enables US employers to hire foreign professionals for a specified period of time. The H1B program allows workers in specialty occupations to work in the US for up to a total of six (6) years.

One of the things that makes the H1B so desirable is that, unlike many other nonimmigrant visa categories, it is a "dual intent" visa. This means that a visa will not be denied simply because a person has intentions to become a permanent resident. The assumption is that if for some reason the permanent residency petition is denied, the person would still have the intention to return home.

Aside from documenting that the position offered is in a specialty occupation and that the employee has the appropriate credentials for the job, the employer needs to verify that the H1B visa worker is being paid the prevailing wage for the work being performed and that employment of a foreign worker is not harming conditions for US workers.

H1B Visa Qualifying occupation
categories are typically jobs in the fields of IT, Computing, Finance, Accounting, Banking, Marketing, Advertising, PR, Sales, Recruiting, Engineering (all types), Teaching, HealthCare/Medical, Legal, Lawyers, Networking, Telecoms, Business, Management, Scientific Research.

The length of time
That a worker can have an H1B visa is usually an initial period of up to three years. The initial H1B visa can then be extended one time for up to a combined total of six (6) years. Other regulatory provisions permit;
(1) the employer to request a period of less than three years,
(2) the employee to be employed on a part-time basis
(3) the employee to work for more than one US Employer simultaneously.

The H1B worker's family
May also be permitted to live in the US during the period that the H1B visa is in effect, but can not be a paid employee while on an H4 visa. An H1B holders Spouse and children (under the age of 21) can move to and live in teh USA with the H1B holder - but they can not work unless they obtain their own work visa.

During the term of the H1B visa the employee can also apply for permanent residency. This is called "Dual Intent", and is a privilege some other U.S. visas do not enjoy.

The H1B Cap - quota of H1B visas issued each year The number of H1B visas issued each year is subject to a cap that is determined by US Congress. The current H1B cap is set at 65,000 plus an additional 20,000 for International students that graduate with an MBA or higher from a US University.

The H1B cap does NOT include or affect:
1) current H1B holders transfering their visa to a new employer / sponsor
2) 'new' applications for an H1B with: non profit organizations, Government Research organizations, and institution of higher education.

* H1B Transfers and cap-exempt positions are Unlimted and available all year round for applications.

• High School Diploma (only required if no college level of education has been attained.)
• College diplomas (Associate, Bachelor, Master, Ph.D)
• College transcripts/academic records
• Certificate/diploma of training courses in IT
• Evidence of license or professional membership in IT
• Employment verification in the form of retrospective references (these must correlate with information in CV/Resume)
• Current CV/Resume describing in detail employment history including: name & address of employer, job title, month/year commenced employment & month/year concluded employment, type of business, duties performed, full/part time.
• Identity page in passport plus any pages evidencing current or expired US Visas

H1B Visa Eligibility Requirements Overview:
You must have ONE of the following:
1) A bachelor's degree or higher degree (or foreign equivalent) in the specialty field, OR
2) At least 12 years progressive work experience in their specialty field, OR
3) A license to practice in the chosen occupation (if such a license is required to practice), OR
4) A mix of further education (e.g Diploma) and work experience to total 12 years.

To qualify for the H1B program you need a Minimum of 12 points.
Typically 1 year of Higher Education (at a University/College) Equals 3 years work experience.

• 4 year US degree or equivalent US degree = (12+0) ) total of 12 points
• 3 year degree/diploma (9 points) PLUS 3 years work experience = (9+3) ) total of 12 points
• 2 year degree or diploma (6 points) PLUS 6 years work experience = (6+6) total of 12 points
• 1 year degree/diploma (3 points) PLUS 9 years work experience = (3+9) total of 12 points
• no degree but you have 12 + years work experience = (0+12) total of 12 points

• Passport
• Copy of your Spouse H1B visa
• H1B approval notice - Copy
• Letter from the current employer
• Marriage certificate (If spouse)
• Marriage album (If spouse)

I-94 card
As an immigrant, when you arrive in the U.S., an arrival/departure record card is issued and placed in your passport next to your visa. This is called an I-94 card that permits a foreigner to be in the U.S. (as opposed to visa that provides the right to travel in and out of the U.S. in a certain status, eg. H1B visa status). The U.S. immigration official at the U.S. port of entry will review the foreigner’s immigration documents (eg. H1B visa) and stamp the I-94 card with an expiry date consistent with the visa expiry. It should be noted that the immigration official has the power to limit a foreigner’s stay irrespective of the visa expiration. The I-94 card is removed when a foreigner departs the U.S.

The H2B visa is a great way for people who want to temporarily live in the USA, working in seasonal and fun jobs.

If you want to travel to America and work over the Summer in a hotel, theme park or on a cruise ship, or if you want to work in a restaurant or as a ski instructor over the Winter - this is the visa for you.

Types of H2B Visa Jobs / H2B Work includes:
Hospitality workers, Hotels / Motels, Chefs, Resorts and Theme Parks, Ticket Sales, Cruise ships, Construction workers, Maintenance, Janitorial, Ski Resorts, Landscaping, Golf Courses, Water parks, Security, Ride Operators, Restaurants and bars, Warehouse, Retail Stores

• The employee must 1st have a job offer from a US employer to perform a temporary job (H1 Base can help you).
• The employee must meet the minimum qualifications for the job that the employer has offered.
• The US employer files the H2B application with the US Immigration Bureau.
• The employee must intend to return home when the job ends and visa expires

Who Qualifies for an H2B visa
The H2B visa is available to employers of foreign non-professionals Not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:

• Recurring seasonal need
• Intermittent need
• Peak-load need
• One time occurrence.

H2B Visa duration:
The duration of the H2B is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration up to three years in some situations.

If the prospective worker is outside of the USA , they must then apply for a visa with the US consulate.

• The H2B visa application includes:
• Job offer from a US employer
• DS-156, Application for Nonimmigrant Visa
• DS-157 if male between the ages of 16 and 45)
• The necessary filing fees
• Copy of Notice of Approval of H-2B Petition
• Passport
• One passport-size photo
• Evidence of ties to the home country (family, property, current occupation, etc.) Like with any other nonimmigrant visa, the Consulate needs to see that each applicant has ties to the country so that he or she will return home after their work period ends.

If the prospective worker is already in the USA and is changing from one nonimmigrant status to another, a visa is not required. However, if the worker leaves the US and wants to re-enter, they may need a visa.

Entry into the USA
Applicants should be aware that a visa does not guarantee entry into the United States . The officer at the port of entry has authority to deny admission, even if the applicant has a visa. Also, the officer at the port of entry, not the consular officer, determines the period for which the bearer of a temporary work visa is authorized to remain in the United States . At the port of entry, officials issue Form I-94, Record of Arrival-Departure, which notes the length of stay permitted. The decision to grant or deny a request for extension of stay, however, is made solely by the USCIS. When to file

Petitions should be filed no more than six months before the proposed employment will begin. However, they should be submitted at least 45 days before the employment will begin, because the petition processing and visa issuance may not be completed before work is to begin.

Bringing family members
Spouses of H2B visa holder or an unmarried child under 21 years of age of H-2B visa holder are issued an H-4 visa. They may remain in the US as long as the authorized stay of the H-2A visa holder. H-4 visa holders are not permitted to work in the USA . Petitioning for several workers

Filing the I-129 Petition
In order to be considered as a nonimmigrant under the above classifications, the prospective employer must file Form I-129, Petition for Nonimmigrant Worker, with the United States Bureau of Citizenship and Immigration Services (USCIS). Once approved, the employer is sent a notice of approval, Form I-797. What You need to apply for a H2B Visa

It is possible, in some cases, for employers to file blanket petitions (that is, one petition for several individual employees).