What is H-1B and B-1 Visas For US?

H-1B Visa

The H-1B or “Specialty Worker” visa is available for a United States company who wishes to directly employ a foreign article for a temporary period (initially 3 years) in a “specialty occupation.” A specialty occupation is defined as “an occupation, which requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation.” The location or the job for which the foreign national would be hired must be one that requires a baccalaureate or a higher degree or the equal, and the degree requirement must be common to the industry or the company must show that it in general requires the degree in such position. The H-1B specialty worker status is limited to an initial three years period, but can be extended upon application for not more than three more years, for a total stay of six years. To obtain an H-1B nonimmigrant visa, a United States company must file a petition at the regional Citizenship and Immigration Service (CIS) service center. When filing the petition the company must post a job-site disclosure, declaring the actual salary paid, and all the locations where the foreign national will be employed. The company must also file a Labor form Application with the U.S. Department of Labor, attesting that it is offering the foreign national not less than the prevailing salary for such a position in the region of employment. The filing process for an H-1B petition is quite complicated and the requirements are quite wide. Therefore, it is recommended that one should seek professional help to prepare it.

B-1 Visa

B-1 (Visitor for Business) Visa The B-1 visa is available for any foreign national who wishes to enter the United States for any business-related function, such as to attend conferences, take orders, to negotiate with accessible businesses or customers, or to execute service agreements. However, the visitor must be conduct temporary business activity for a foreign employer, and the trip must not lead to gainful employment in the United States. B-1 status is approved for the period of time necessary to complete the business activity and usually does not exceed six months. However, should the visitor require more time, s/he may apply for an addition while in the United States at the U.S. Citizenship and Immigration Service. The application for extension must be received by the CIS before the expiry of the B-1 status. To obtain a B-1 visa one must apply directly at the U.S. Consulate. The applicant must prove that s/he has a permanent residence status in another country and has no intention of abandoning this status. However, there are state of certain countries, who do not need a visa beat from a U.S. Consulate to enter the U.S. for a maximum temporary period of 90 days under a Visa Waiver Pilot Program (VWPP). There is no extension of the 90-day period, and those who enter the U.S. under the VWPP may not be able to change to a different nonimmigrant status or to permanent resident status, except for the immediate relative (spouse or children under 21) of a U.S. In order to obtain a different status, the visitor must leave the country and then apply for a new visa.