H1B Visas & H4 Visas (Professional workers)


H1B VISA
H1B visa is a work visa in the United States that allows employers to hire foreign workers in specialized occupations. It’s quite popular among professionals in fields like technology, engineering, and science. Is there anything specific you’d like to know about it?
To be eligible for an H1B visa, there are a few requirements you need to meet. Here are some of the key ones:

  1. Job Offer: You must have a job offer from a U.S. employer who is willing to sponsor your H1B visa.
  2. Specialized Occupation: The job you’re being offered must be in a specialized field that typically requires a bachelor’s degree or higher.
  3. Education or Experience: You need to have the required education or equivalent work experience to qualify for the position. Usually, a bachelor’s degree or higher is required.
  4. Labor Condition Application (LCA): Your employer must file an LCA with the U.S. Department of Labor, which includes details about the job, salary, and working conditions.
  5. Prevailing Wage: Your employer must agree to pay you the prevailing wage for the position, which is determined based on the location and job requirements.
  6. Non-Immigrant Intent: You must demonstrate that you have non-immigrant intent, meaning you have plans to return to your home country after the completion of your H1B visa.
    These are just some of the requirements, and there may be additional criteria depending on your specific situation. It’s always best to consult with an immigration attorney.

H4 VISA
The H4 visa is a dependent visa that allows the immediate family members of H1B visa holders to accompany them to the United States. Immediate family members include spouses and unmarried children under 21 years old. With an H4 visa, family members can live in the U.S. for the same duration as the H1B visa holder.
While the H1B visa allows the primary visa holder to work in the U.S., the H4 visa does not automatically grant work authorization. However, there have been recent changes that allow certain H4 visa holders to apply for employment authorization. This means that eligible H4 visa holders can apply for a work permit and seek employment in the U.S.
To apply for an H4 visa, the primary H1B visa holder must first obtain their own H1B visa. Once the H1B visa is approved, the primary visa holder can then apply for H4 visas for their eligible family members. The application process typically involves submitting the necessary forms, supporting documents, and paying the required fees.
It’s important to note that the rules and regulations surrounding the H4 visa can change over time, so it’s always a good idea to consult with an immigration attorney.