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h1 visa

h1 visa

Non-US workers may get employment within the United States through the H1 Visa. This is an immigration Visa, but a temporary permit to allow work in the US.

The H1 Visa allows a person without United States citizenship to work within the US, The H1 Visa is granted by the employer. When an H1 Visa expires, the person must locate another employer who will grant him or her another H1 Visa. The alternative is to leave the country. Thus the employer controls the right of the individual to remain in the United States.

The law regarding H1 Visas state that the occupation must be a skilled position. This is generally the fields of mathematics, engineering, medicine, law, accounting and technology. Employees are required to hold a bachelors degree.

Visa Duration

The H1 Visa length of stay is 3 years. An extension may be granted for an additional 3 years, bringing the total to 6 years. There are several circumstance in which the length of stay may be extended further.

Filing an immigrant petition after 5 years in a work visa will allow 1 to 3 year extensions of the visa while a decision on the petition is pending.

Furthermore a petition not able to reach the final step due to dates and timing may qualify for a 3 year extension.

The upper limit of the H1 Visa is a full 10 years. The only modifier to this rule is if you are employed by the US Defense Department.

Workers who wish to sontinue working in the US after the intial 6 years of the visa must leave the country for 1 year before attempting to acquire a new H1 Visa.

Also, it is important to note that there is no set amount of time an employee must work for the employer who granted the visa.

Other Work Visas

A visa exists for employees of a non-US corporation to work within the US. THis is the L-1 visa. THe corporation must have employeed the individual for a minimum of one year. This employment can be within 3 years prior to applying the L-1 Visa.

The NAFTA agreement includes provisions for Visas for Mexican and Canadian individuals. These are the TN-1 Visa. There are very specific categories within the NAFTA agreement. The type of employment must fall into one of these categories. There are also strict requirements for obtain one of these.

A subset of the H1B Visa is the H1B1. This allow people from Chile and Singapore to work within the US. There a trade agreements that govern these visas