Work Visa USA (H-1B) is a classic version of US visa through business, or through employment, that allows foreign businessmen and specialists to work in the US and to obtain a green card. Work Visa USA is the most common visa for highly-qualified professionals whose goal is to live and to work in the United States. The process of filing for a green card may be started simultaneously with the process of filing for work visa. Subsequently, when the process of obtaining a green card (permanent residence) has been already initiated, you may extend your work visa H-1B even after allowed 6-year term until you receive a green card.
H1-B Visa allows to work in the United States for 3 year period and may be extended for another 3 years. At the same time, your US employer may sponsor you for green card and there is no limit or requisite period of time that has to pass since H-1B visa was approved. A founder (co-founder) of a US business may also apply for this type of visa if he intends to employ himself in a position of manager, financial director, business analyst, technical specialist, etc. Legislation does not prohibit employment on H-1B visa for business owners; however, in this situation it is more complicated to obtain an H-1B visa than L-1 visa for executive. Nevertheless, if you decided to open your business in the US but you are not qualified for L-1 or E visa than H-1B visa is your path to the United States.
H-4 Visa is designated to family members of H-1B visa holders (spouses and unmarried children under 21). H-4 Visa allows your family to enter the United States with you as an H-1B visa holder for the same period of time that your H-1B visa is issued. H-4 visa holders are not eligible for work authorization but are allowed to study in the US. Your spouse and children will obtain green cards (US permanent residence) with you if your US employer sponsors you for a green card.
Work Visa USA: Eligibility Requirements:
- Higher education (Bachelor’s or Master degree) equivalent to a minimum of Bachelor’s degree obtained in US higher educational institution. Since most foreign specialists from Russia and former USSR countries were awarded “Diploma of a Specialist” that requires 5 years of study, after credential evaluation such diploma is usually considered as Bachelors and Masters degree;
- US employer who is willing to offer a position in accordance with foreign specialist’s major and to pay at least a minimum salary set by US Department of Labor for professionals working in such occupation.
H-1B work visa has several specifics. First of all, to find a US employer is your responsibility (unless your sponsoring company is your own company). It is your US employer who should file for H-1B visa for you (a Non-Immigrant Worker petition) with US Citizenship and Immigration Service.
Secondly, H-1B visa allows you to work only for the employer who sponsored you for this visa. If you will be offered a position with another company in the US, then you must file a new H-1B Petition signed by your new employer (so-called “H-1B visa transfer”). If your previous employer has already filed for a green card for you, then our new employer will need to start the process from the very beginning.
Information about other types of visas through business: