What is an H1B visa?
The H1B visa enables US employers to hire foreign professionals
for a specified period of time.
The H1B visa program is the primary method for bringing in professional
level foreign employees to the USA.
This program allows workers in specialty occupations to work in
the US for up to a total of six years. One of the things that
makes this visa so desirable is that, unlike many other nonimmigrant
visa categories, it is a "dual intent" visa. This means
that a visa will not be denied simply because a person has intentions
to become a permanent resident.
The assumption is that if for some reason the permanent residency
petition is denied, the person would still have the intention
to return home.
Another advantage to the H1 category
is that the employer does not need to demonstrate that there is
a shortage of qualified US workers and, consequently, a labor
certification process can be avoided. Aside from documenting that
the position offered is in a specialty occupation and that the
employee has the appropriate credentials for the job, the employer
need only verify that the H1B worker is being paid the prevailing
wage for the work being performed and that employment of a foreign
worker is not harming conditions for US workers