Question

In: Economics

What is the H1-B prevision in the U.S immigration law?

What is the H1-B prevision in the U.S immigration law?

Solutions

Expert Solution

The H1B Visa classification enables a foreign national to be temporarily working in the United States. It is eligible for job opportunities which are in a professional occupation*. A individual can hold H1B status for up to six years, and the USCIS can grant the status in increments of up to three years. In certain conditions, an employee may seek extensions of H1B status beyond six years if he / she is in the process of applying for permanent residence on an employment basis. H1B visas are numerically restricted, with a total of 85,000 visas available per fiscal year This limit is known as the H1B cap.

The employee must have a bachelor's degree or similar experience or a specialty occupation H1B petition.
A US labor condition application (LCA) must be submitted by the employer for an H1B petition. Labor department before submitting the H1B petition to USCIS.
An employee who has already been given an H1B visa or H1B status is usually exempted from the numerical restrictions.
An employee currently working in the H1B status can use the American Competitiveness portability provisions in the Twenty-First Century Act (AC21) to move their H1B to another employer.


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