The maximum duration of the H-1B visa is ten years for exceptional Defense Department project related work. If the H1-B visa holder has an approved I-140 immigrant petition, but is unable to initiate the final step of the green card process due to their priority date not being current, they may be entitled to a three-year extension of their H-1B visa.ģ. If the H1-B visa holder has submitted an I-140 immigrant petition or a labor certification prior to their fifth year anniversary of having the H-1B visa, they are entitled to renew their H-1B visa in one-year or three-year increments until a decision has been rendered on their application for permanent residence.Ģ. There are some exceptions under sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21).ġ. The time period may be extended, but generally cannot go beyond a total of six years. H1B Visa worker may be admitted for a period of up to three years. The "specialty occupations" also require the attainment of a bachelor’s degree or its equivalent as a minimum. The occupation list includes, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, theology, and the arts. The H1B visa is designed to be used for foreign workers in "speciality occupations", which require theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor.
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Three years of specialized experience is generally considered equivalent to one year of college education.įor example, if a foreign professional has a three year associate degree, he or she must at least have 3 year of relevant post-graduate experience to be qualified for H1B Visa. The foreign professional may also obtain an educational equivalence through a combination of education, specialized training or progressive work experience. If the foreign professional holds a foreign degree, then that degree must be determined to be the educational equivalent of a U.S. To qualify for H1B Visa, the foreign professional must hold a bachelor's or higher degree from an accredited college or university in the specialty occupation. while simultaneously seeking lawful permanent resident status(green card status)).
(Doctrine of Dual Intent allows visa holders to enter the U.S.
Green Card Intent: Dual Intent is permitted. They do not have work authorization under H-4 status. employers to temporarily employ foreign professionals in specialty occupations for three years, extendable to six years.įamily: Spouse and unmarried children under 21 years of age could apply for H-4 non-immigrant visa. Overview: H-1B Visa is a non-immigrant visa which allows U.S.
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