Jobs for Immigrants with H1B Visa

h1b-visa-niren-associatesThe state of some businesses makes it difficult to find employees who can fulfill certain duties as needed in specific operations.  While the unemployment rate is still holding at a high level, qualifications for specialist positions makes it difficult to find the necessary employees needed for exact work.

The Purpose Of An H1B Visa

In order to fill the gaps of businesses, it is possible to employ foreigners under an H1B work visa, allowing non-immigrants to live and work in the United States on operations that few (if any) citizens would be capable of running.  Many times these fields are quite technical, including:

  • Complex mechanical and electrical engineering
  • Hard sciences
  • Practical and research medicine
  • High-level mathematics

While most positions employ practical application, others are more theoretical and research-based.

What Does An H1B Visa Do?

An H1B visa is not an act of citizenship.  Any foreigner awarded this visa is not allowed to stay in the United States for longer than six years, regardless of their work specifications, and it cannot be renewed.  This makes it more demanding than a Green Card (the temporary work permit for foreigners) given the qualifications and lack of renewal; as a consequence, much fewer people apply for an H1B visa than they do for a green card or for US citizenship.

Each year there are less than 100,000 of these permits issued; some of these are given towards foreigners who have achieved a higher-level degree at an American university, but many more are for overseas workers who can fill a specialty position.

How Do You Get An H1B Visa?

It is not possible for an individual to apply for this work permit.  Since they are strictly regulated by the government, individual companies have the responsibility to apply for the work permit and then distribute it to their workers.  As such, it is possible to apply for a posting that guarantees an H1B visa, but it is not possible to get one yourself and then look for work.  Employers can offer the visa up to six months prior to the start of actual work, so that the foreigner may look for housing and similar concerns prior to beginning their employment.

Navigation through the process of a H1B visa can often times be complicated and that is precisely why it is in one’s best interest to consult professional immigration services. Niren & Associates specializes in immigration law and can be a tremendous resource in obtaining such a visa.

Requirements For Replacement

Given the complexities of specialist work, it is not possible to hire someone for menial labor on an H1B visa.  Any person taking the position must have at least four year’s education at the university level or more as well as any necessary certification needed to do their job or operate equipment on the job.  While job experience may be used in lieu of education, it is less typical.  Should a candidate lack any necessary experience, they may apply for an H2B visa in order to fulfill requirements and then begin work.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: applying for a work visa H1B us immigration US immigration law US Work Permit US Work Visa

About Fadi Minawi

Fadi is a graduate of the University of Toronto and the University of Toledo College of Law. He is called to the New York State Bar and is registered as a Foreign Legal Consultant with the Law Society of Upper Canada. He is a member of the American Immigration Lawyers Association (AILA) and is currently serving as the Media Liaison for the Canadian Chapter of AILA. Fadi has extensive experience in US immigration matters and is the firm’s lead in the area of US immigration. He is specialized in corporate and family immigration, as well as issues dealing with US inadmissibility.

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