H Visa for the U.S.

Updated on Monday 19th September 2016

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The H visa for the U.S. is a nonimmigrant visa issued for foreign citizens who intend to work on a temporary basis in the country in a certain prearranged job. The employment has to be approved by the U.S. Citizenship and Immigration Services (USCIS) prior to the individual’s departure for the U.S. This is effectuated based on a petition filed by the American employer.

Types of H visas for the U.S.

The H visa for the U.S. has the following categories:

•    The H-1B visa – Individual in specialty occupation: this type of H visa for the U.S. necessitates a higher education degree or its equivalent;
•    The H-1B1 visa – Free Trade Agreement (FTA) professional (for Chile or Singapore citizens): it is utilized in order to work in a specialty occupation. Necessitates a secondary degree with minimum four years of study in the domain of specialization;
•   H-2A visa – Temporary agricultural worker: it is obtained by individuals who wish to work in temporary or seasonal agricultural fields. It is issued to citizens of certain countries. A Miami immigration lawyer can provide more details on what these countries are;
•    H-2B visa – Temporary non-agricultural worker: it is issued for foreign citizens who wish to work in a temporary non-agricultural field. It is also limited to citizens of certain countries;
•    H-3 visa – Trainee or special education: it is issued for foreign citizens who intend to acquire training which is not available in their countries of origin, or practical training programs in the field of children with mental, physical or emotional disability education.

Requirements for the H-1B visa for the U.S.

In order to receive the H-1B visa for the U.S., the following requirements have to be met:

1.    The candidate must have a worker-employer relationship with the employer which makes the petition in the U.S.;
2.    The applicant’s position must qualify as a specialty occupation by meeting certain criteria;
3.    The job has to be in a specialty occupation in connection with the candidate’s field of study;
4.    The applicant has to be remunerated at least the actual or prevailing salary for his or her occupation, depending on which one is greater;
5.   There has to be available an H-1B visa number at the date of the application, as there is a limited number of these visas issued each fiscal year, except if the application is exempt from numerical limits.

We invite you to contact our immigration attorneys in Miami who can provide legal assistance in the application and qualification process for obtaining any of the H visas for the U.S., as well as any other issues related to immigration in Miami


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