US immigration law defines a specialty occupation as a profession requiring theoretical and practical application of specialised knowledge such as architecture, engineering and medicine. The H1B requires a 4-year university degree relevant to the target job or a 3-year course plus three years of relevant job experience.

Candidates who fall short of the above educational requirements can still qualify for the H1B if they have 12 years of relevant work experience.

The H1B visa also allows dependents to move to the USA, along with the principal holder. It grants a minimum residency of three years, subject to a two-year extension and one further year. The maximum residency period is subject to some exceptions, one-year extension after the maximum residency period if the labour certification is pending for at least 365 days and a three-year extension after the maximum residency period if the government approves an I-140 Immigrant Petition.

H1B employees can file monetary claims against their sponsors if they are dismissed prior to the expiration of their contract. Sponsoring employers are required to reimburse the relocation or travel expenses incurred by H1B holders as a result of premature termination of their employment contract.

For taxation purposes, H1B employees are categorised as either Resident Aliens or Non Resident Aliens. A method called the “substantial presence test” is used to determine the tax residency of H1B workers.

The first thing to do is to find a reliable company who will serve as sponsor for your H1b. You can find companies online using the Web search engines, but make sure that the company you choose is not on the blacklist of the United States Citizenship and Immigration Services. For information about the laws in filing an H1b visa, you can register at www.USCIS.gov and have daily updates. You can also register on several immigration bulletins for more information about the H1b visa.

A schedule for your application can be set to complete all necessary requirements in time. First on the schedule is that you must have a sponsor with whom you will file your H1b visa request by January 15. You must get the checklist for H1b visa filing and prepare your requirements. By February 15, you must submit your documents to the company to give them time to pass them on to a lawyer. Your visa application along with your documents must be ready by March 15, and your application must reach the USCIS by April 1st. If your application is selected, you employer will receive a Notice of Action with an EAC number.

The H1b visa gives foreign workers three years in the USA, and can be extended to six years. It can further be extended for another year if the application for labour certification is pending for 365 days.

Experts are saying there is a continued need to increase the number of H-1B Visas allocated if markets are to remain competitive in terms of technology and science. Foreign workers not only offer a great advantage to economies in terms of the work they can do but also their high levels of education are an important factor.