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H-1B Visa FAQ


H1B Visa is an employment visa set up under the Immigration and Nationality Act of 1965.  Under United States Immigration Law h1b allow for a temporary stay in the United States by foreign workers. This Frequently Asked questions page is a general reference to answer some of the most frequently asked question regarding H-1B visas.  Here at Downtown LA Law we have h-1b visa attorneys, work visa lawyers and general immigration law attorneys that will assist you in any issues you may have regarding your legal immigration issues.  For a Free Consultation please Call or click here.

1. What is an H-1B Visa?

H-1B Visa is a visa that allows employers in the United States to temporarily employ workers from outside of the US.  H-1B Visa requires the employment be in a “special occupation”.  US immigration law state a Special Occupation as, “the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education.”

2.  I am an employer and want to hire a foreigner under this Visa.  Is the h1b visa acceptable for the occupation which I want a foreigner to work?

Usually H1b visa are acceptable for
  • Professionals, person with professional degrees that are working in the profession which they received that degree in.  This included, doctors, medical physicians, dentists, structural engineers, chemical engineers, accountants.  Degree’s can be bachelor’s degrees or their foreign equivalents.
  • Models, foreign models in the fashion industry are given entry to the US via h1-b visas
  • Employers in research and development working for the Department of Defense.

3.  How long is an h1b Visa; what period of time does an hb1 visa last, and can I get an extension?

An H1b Visa is for duration of three years.  An application is able to receive up to an extra three year extension, making the total maximum allowable time for a h1b Visa six years. There are two ways one can receive an extension
  • A one year extension by filling a labor certification application and the certification has been pending for at least 365 days
  •  Filling and subsequent approval if an I-140 Immigration Petition
Visa attorneys are able to help you receive an extension for a free consultation click here.

4. Do I have to remain in the same Job (occupation) that the h1b visa was given for?

NO, there is no Requirement under US immigration Law  for the individual to remain in the job the visa was intended for.  H1b visas are portable as long as the employer of the new job files the proper paper work and sponsors a new h1b visas.  Usually employment visa lawyers are appointed to handle such matters.

5.  What taxes do I have to pay if I am employed under h1b Visa? 

Taxation on income earned while under a h-1b visa depends on whether the person is categorized as a non-resident alien or a resident alien.
  • Non resident aliens are only taxed for income on work that was performed in the United States.
  • Resident aliens are taxed for income derived form the US and outside of the county.

6.  How do I know if I am a resident on non-resident alien? And What are the tax forms I need.

The tests that is used by the United Stated Department of Immigration is the “Substantial Presence Test”.   If the person has a substantial presence in the US then he is considered a resident alien of the US.
  • Resident Alien must use income Tax Form 1040
  • Non resident aliens must use Tax Form 1040NR or 1040NR-EZ
  • Note: Some may benefit from Tax treaties the have been established between the US and their country of origin.

7.  Where do I go if I need to get help?

Immigration law in the US and the procedures of immigration can be a highly complication process. Often qualified immigration attorneys are needed to avoid the many pitfalls which may take place.  Employment visa lawyers at Downtown LA Law are here to help.  If you an employer and require a California Immigration lawyers for your h1b Visa application feel free to contact us for a free consultation.   (888) 649-7166 Our attorneys in immigration are here to help.

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