The H1-B Visa is a non-immigrant visa. It is designed to allow U.S. employers to recruit & employ foreign professionals in specialty occupations within the USA for a specified period of time. The H1-B program provides the opportunity for foreign workers in specialty occupations to legally live and work in the US for a total of 6 consecutive years, and entitles their spouse and children (under the age of 21) to accompany them and legally live in the USA on an H4 visa. However, the spouse and children have to obtain their own work visa for working.
Under H1B Visa requirements, the company, organization or the employer is the petitioner, it has to file H1-B petition for hiring the employee, while the foreign worker is the beneficiary. Foreign individuals themselves cannot apply for an H1-B visa to allow themselves to work in the US. The number of H1-B visas issued each year is subject to an annual cap (known as H1-B cap) that is determined by the US Congress.
Foreign workers must possess at least a bachelor's degree or its equivalent (this requirement can usually be met by having a 3-year degree and 3 years of relevant post-graduate experience). Occupations that qualify for H1-B visas typically require highly specialized knowledge in a field of human endeavour including, but not limited to: IT, Architecture, Engineering, Mathematics, Physical Scientific Research, Social Science, Biotechnology, HealthCare/Medicine, Education, Law, Accounting, Business, Theology, Arts, Computing, Finance, Accounting, Banking, Marketing, Sales, Recruiting, and Telecommunication.
Aside from the requirement that the position be a specialty occupation, the employer must first file a Labour Condition Application (LCA), Form ETA 9035 or Form ETA 9035E, with the Department of Labour (DOL). An employer filed LCA attests that the H1-B visa worker is being paid the prevailing wage for the work being performed, and that employment of the foreign worker will not adversely affect the working conditions of similarly employed U.S. workers.
The initial H1-B visa may be issued for up to three years. It may then be extended in the first instance for up to two years, and later on for one year, for a maximum of 6 consecutive years. In some cases, the H1-B visa can be extended beyond the 6 year limit. Please refer to our article “H1-B Extension beyond the 6 Year Limit.” The H1-B visa can also “recapture” time spent abroad while in H1-B status. If an alien opts to “recapture” time abroad, then periods of time spent not in the US will NOT count against the 6 year limit of the H1-B visa.
http://www.principleinfotech.com/H1B-Sponsorship-2015.php
