Benefits for H-1B Visa Holders

Many people from around the world want to settle either temporarily or permanently in the United States whether it’s to improve their living standards or just simply experience living in the country.

This is just what the H-1B visa allows people to do if they have the right qualifications.
The following are two of the main benefits of an H-1B visa:

• The ability to work in the U.S. through showcasing unique professional skills.
• Stays permitted for up to six years.

It is also possible for H-1B holders to extend past the 6 years if 

• the holder of the H-1B visa status has filed a 1-140 petition or Labor Certification application 365 days prior to the completion of the 6 year usual limit. H-1B extensions can be given on a yearly basis as long as the visa is still offered;
• if the holder of the H-1B visa status is in possession of a I-140 petition which has been approved but an immigrant visa number is presently unavailable to him or her because of visa retrogression (does not have eligibility to file an  I-485 because of visa number issues), the holder of the H-1B visa may get his or her H-1B extended for 3 year intervals over the present limit of 6 years. The 365 day requirement is not applicable in this situation.
  

Other benefits include:

• being paid for the specialized skills
• not necessary to hold and maintain a foreign residence 
• the ability to change employer
• the H-1B holder can still change employers if a green card application has been filed
• spouses and their children if they are under 21 might be offered the chance to enter and reside in the United States while the spouse holds an H-1B visa.
• children, under 21, and spouses of an H-1B holder, may attend school while in the United States either full or part-time.
• H-1B visa holders can also attend school either part or full time as long as he or she still works for employer
• can hold part-time H-1B status as long as work is at least 50% of normal working hours for that job.
• Can also work for more than one employer on a part-time basis.

H-1B holders may also pursue, with the sponsorship of a US employer, the opportunity to petition for permanent residence as USCIS regulations and immigration laws support "dual intent" when the intention is to apply to immigrate to the United States. This means that someone who was only seeking temporary employment one might be able to create one’s own business and hire oneself as an employee. It is not necessary to be a U.S. citizen or legal permanent resident to initiate a business in the U.S.A. but you will require authorization from the USCIS to be employed by any company which includes yours. 

One may be able to take extended leave or a long vacation without losing status. 

However, an employer has the capacity to terminate employment if the H-1B visa holder fails to turn up for work for a long period which could mean loss of H1-B status. There is no 10 day grace period as some people think.

Return to "The H-1B Visa" to learn more.