The 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 specialized work. Many companies look to foreign markets to fill these gaps and offer employees H-1B visas.
The Purpose Of An H-1B Visa
In order to fill the gaps of businesses, it is possible to employ foreigners under an H-1B 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 H-1B Visa Do?
An H-1B 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 H-1B 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 H-1B 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 H-1B 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 H-1B 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. The first step towards a successful working visa application is getting an evaluation of your case. Fill out our online immigration evaluation, and we will get back to you within 24 hours to discuss your eligibility and visa options.
Requirements For Replacement
Given the complexities of specialist work, it is not possible to hire someone for menial labor on an H-1B 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 H-2B visa in order to fulfill requirements and then begin work.
