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
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.