| H-1B Visa for Specialty Occupations (Professions)
The H-1B petitioner is further required to make a statement
in connection with the petition that it will pay the reasonable
expenses of the H-1B worker’s return transportation abroad
in the event of dismissal before the end of the period of
authorized stay. In most cases, the petitioner is also required
to pay $1,000 in addition to the regular filing fee. Those
cases are as follows:
- on an initial grant of H-1B status;
- on an extension of H-1B stay, unless the alien's stay
had earlier been extended on the petition of that employer;
or
- on a petition for change of employers for an alien already
in H-1B status.
A petition may be filed and approved as long as six months before
the services or training are to begin. If it is approved before
the starting date, the petition's validity will reflect the
actual period sought. The petitioner must file an amended or
new petition, with fee, whenever there are material changes
in the terms or conditions of employment or training, or in
the beneficiary's eligibility, as specified in the original
approved petition. The initial approval period for the H-1B
is three years with one extension of three years. The petition
for extension is only permitted while the beneficiary is in
the United States and by the petitioner's request to extend
the beneficiary's stay. At the termination of the six-year period,
the H-1B worker must remain abroad for an aggregate period of
one year in order to obtain a new nonimmigrant classification.
In October, 2000, Congress passed The American Competitiveness
in the Twenty-first Century Act of 2000 (AC21). Under AC21,
certain aliens who have previously been in H-1B status may
begin employment with a new H-1B employer upon the filing
of an H-1B petition by the new employer. What this means is
that the H-1B employee need not wait for INS approval of the
new H-1B petition before beginning work for the new employer.
This increased ''portability'' has allowed businesses to fill
vacancies with H-1B employees without having to wait months
for INS to approve H-1B petitions.
Immigration Service regulations provide for "dual intent"
for H-1B beneficiaries. This means that the H-1B worker may
legitimately come to the United States for a temporary period
as an H-1B nonimmigrant and depart voluntarily at the end
of his or her authorized stay and, at the same time, lawfully
seek to become a permanent resident of the United States.
H-1B applicants for adjustment and their family dependents
may continue to maintain their nonimmigrant status during
the processing of their permanent residency and may leave
and return to the United States in such status, instead of
securing advance parole, without abandoning their adjustment
applications. Even if they do get advance parole and are paroled
into the United States, they may continue to work for the
H-1B employer in their former status and obtain extension
of that status.
Spouses and children of H-1B nonimmigrants are admitted
in H-4 status. These spouses and children may not be employed
in the U.S. unless they are eligible independently for employment
authorization.
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