The H1B Visa Program is the official and primary USA work visa / work permit.

The US Government introduced the H1B visa to offer and enable highly skilled International Professionals and/or International Students, from all over the World, the opportunity to live and work in the USA.

The H1B Visa is the most sought after US visa and the Immigration Bureau requires 'every' foreign national to obtain a visa in order to legally work in America.

To obtain an H1B Visa, there is a process that you are required to follow:-

Step 1 - you must first find an H1B Job with a U.S. Employer (know as your sponsor)
Step 2 - your Employer (sponsor) files your H1B Application with the US Government
Step 3 - US Government approves your H1B Visa Application
Step 4 - you can start work in the USA for your new employer

* Important Note: individuals can NOT sponsor or apply for their own H1B visa.

* To obtain an H1B Visa, you must work in a 'specialty occupation': Computing & IT, Telecoms, HealthCare, Finance & Accounting, Teaching, Legal, PR, Marketing & Advertising, Sales, Management and Engineering.

>> an H1B visa is typically valid for up to six (6) years and entitles your spouse (husband/wife) and children to accompany you and live in America.

>>> one of the main advantages of the H1B visa is that it is a 'dual intent' visa which means that you can apply for a Green Card (Legal Permanent Residency).

Under current law, you can be in H1B status for a maximum period of six (6) years at a time. After that time you must remain outside the USA for one year before another H1B petition can be approved. Certain people working on Defense Department projects may remain in H1B status for up to ten (10) years. In addition, certain aliens may obtain an extension of H1B status beyond the 6 year maximum period, when:

1) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant, or

2) 365 days or more have passed since the filing of an EB immigrant petition.

An H1B visa holder can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident (Green Card) status without affecting their H1B Visa status. This is known as "dual intent" and has been recognized in the immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, an alien may travel on his or her H1B visa rather than obtaining advance parole or requesting other advance permission from Immigration to return to the USA.

As long as the foreign national continues to provide HB services for a US employer, most changes will not mean that an foreign national is out of status. A foreign national may change H1B employers without affecting status, but the new H1B employer must file a new Form I-129 petition for the foreign national before he or she begins working for the new employer. The merger or sale of an H1B employer's business will not affect the foreign nationals status in many instances. However, if the change means that the foreign national is working in a capacity other than the specialty occupation for which they petitioned, it is a status violation.