H1B Visa – New

The H-1B is a non-immigrant visa category that allows American companies and universities to temporarily employ foreign workers who have the equivalent to a U.S. Bachelor’s degree. H-1B employees are employed temporarily in a job category that is considered by the U.S. Citizenship and Immigration Services to be a “specialty occupation”. A specialty occupation is one that requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts may be considered to be specialty occupations.

H-1B visa holders are allowed to bring their immediate family members (spouse and children under 21) to the United States under H-4 visa category as dependents. An H-4 visa holder may remain in the U.S. as long as the H-1B visa holder remains in legal status. An H-4 visa holder is not eligible to work in the US and is not eligible for a Social Security number (SSN). An H-4 visa holder may attend school, obtain a driver’s license and open a bank account while in the U.S. Some recent state regulations prohibit H-4 visa holders from obtaining a driver’s license in cases where driver’s licenses are no longer being issued on Individual Taxpayer Identification Numbers alone and an SSN is required.

H-1B1 visas are issued to residents of Chile and Singapore under the amended NAFTA treaty.