Spouses and children under 21 can get an H-4 visa to enter the U.S. with an H-1B visa holder. The H-4 visa holder can stay in the U.S. as long as the H-1B is in effect. An individual with an H-4 visa can attend school, get a driver’s license, and open a bank account. As of May 26, 2015, certain H-4 visa holders can become “lawful permanent residents” (LPR) and become eligible to work.
What is the process to get an H-1B visa?
To obtain an H-1B visa, an employer must complete the following steps:
1. File a Labor Condition Application (Form 9035E/ 9035) with the Department of Labor. The employer demonstrates adherence to the H-1B, H-1B1 or E-3 program requirements.
The employer must attest that qualified Americans are not available and that wages to be paid are at least equal to the prevailing wage and to wages paid to others in similar positions within the company.For more details on H1b sponsorship visit Orphosys corp.
2. Following approval of the Labor Condition Report, the employer must file a Petition for a Nonimmigrant Worker (Form I-129) with the S. Citizenship and Immigration Services (USCIS).
In addition to the actual form, the employer needs to submit supporting documentation and payment.
3. After the Petition for a Nonimmigrant Worker is approved, the named worker can apply for the actual H-1B visa. The approved visa will allow the individual to enter the U.S.
If the individual is already in the U.S, legally, the actual H-1B visa is required if the employee wants to leave and reenter the U.S.
How many H-1B visas are issued each year?
At present, the U.S. limits the H-1B visa program to 65,000 qualifying foreign workers. However, 20,000 additional individuals are eligible to work under the H-1B advanced degree exemption. These individuals must have a relevant graduate degree from a public or not-for-profit university located in the United States.
The school must be properly accredited by a formally recognized accrediting organization such as the Accrediting Council for Independent Colleges and Schools or the Accrediting Council for Continuing Education and Training. For more information visit the U.S. Citizenship and Immigration Services (USCIS) website.
Additional visas are sometimes authorized under the H-1B program. Under the American Competitiveness in the Twenty-First Century Act of 2000, universities and research facilities are sometimes allowed to hire H-1B holders who are not counted in the limits above.To know more info on h1b visa placements check Bioinformatica
In addition, the USCIS states that individuals with H-1B visas working in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam may not be counted in the H-1B cap. Since the rules can change frequently, consult the Department of Labor for the most recent updates.