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Even though the H-1B visa is a non-immigrant visa, it is one of the few temporary visa categories recognized as dual intent, meaning an H-1B holder could legally have an immigration intent (apply for and obtain the green card) while still being a holder of the H-1B visa. [52] Effectively, the non-immigrant visa may eventually lead to permanent ...
The H-1B visa is a dual intent visa, i.e., people who arrive on this visa may have partial immigrant intent. On the other hand, the H-1B1 visa is a non-immigrant intent visa, and applicants for the visa must clearly demonstrate such intent by demonstrating the following three things: [7] [irrelevant citation] [citation needed] has a residence ...
Minimum number of H-1B nonimmigrant workers necessary to make the employer H-1B-dependent How threshold varies as a percentage of total number of employees 1 to 25: 8 or more: 100% (at 8 employees) down to 32%. Note that a consequence of this rule is that employers with 7 or fewer FTE employees cannot be classified as H-1B-dependent. 26 to 50: ...
The visa is valid for three years, but can be extended for an additional three years beyond that. However, the U.S. approves extensions each year for people already working on H-1B visas, ...
If a person enters on a non-immigrant visa, such as a B-2 visa, but soon after works without USCIS authorization or marries a U.S. citizen or permanent resident, then a consular official may presume visa fraud and deny all future visa applications. This 30- to 60-day concept has little to do with dual intent.
H-1B nonimmigrant visas allow American firms to temporarily employ foreign workers with specialized knowledge and advanced academic qualifications to help them stay globally competitive.
Companies like IBM and Bank of America seek H-1B visas to fill specialized jobs with foreign workers, arguing there aren’t enough domestic applicants.
Labor Condition Application. The Labor Condition Application (LCA) is an application filed by prospective employers on behalf of workers applying for work authorization for the non-immigrant statuses H-1B, H-1B1 (a variant of H-1B for people from Singapore and Chile) and E-3 (a variant of H-1B for workers from Australia).