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H1 B Visa

In order to temporarily work at an employer in a specialty occupation, each year the United States issues around 65,000 H-1B visas to foreign individuals under the Immigration and Nationality Act, section 101(a)(15)(H). This is a temporary visa, issued to people applying for a specialty occupation which requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience. This visa is valid for three years and is extendable to six years. However, for a much longer stay in the US, the visa holder may need to reapply. According to norms, a person in H-1B status must continue to be employed by their employer in order to stay in H-1B status. If in any case, the person's employment ends, then he or she will have to leave the United States. However, if the person is granted a change of status or finds another employer compatible with the H-1B status, he or she can extend his or her stay in the USA. Among other changes, after the person's end of employment, a person is allowed a grace period of up to 60 days to stay in the United States under the United States Citizenship and Immigration Services rules. The maximum duration of the H-1B visa is ten years for exceptional United States Department of Defense project related work. For those H-1B holders who want to continue to work in the US after six years, but who have not obtained permanent residency status, will have to remain outside of the U.S. for one year before reapplying for another H-1B visa. The H-1B season commences for the following federal fiscal year on April 1 and the employment authorizations are granted on October 1. Though the Immigration Act of 1990 established a limit of 65,000 foreign nationals who may be issued a visa or otherwise provided H-1B status each fiscal year, an additional 20,000 H-1Bs are available to foreign nationals holding a master's or higher degree from US universities. Under the H-1B visa norms, employers must withhold social security and medicare taxes from the wages paid to employees in H-1B status. For people seeking to bring their immediate family members --spouse and children under 21 -- to the United States, they will have to apply under the H-4 visa category as dependents. An H-4 visa holder may remain in the US as long as the H-1B visa holder retains legal status and is allowed to attend school, apply for a driver's license, and open a bank account in the United States. In case if an employer lays off an H-1B worker, the employer is required to pay for the laid-off worker's transportation outside the United States. Also, if an H-1B worker is laid off or quits, the worker has a grace period of 60 days to find a new employer or leave the country. More

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  • Top 5 Indian IT companies have less than 50% dependency on H-1B visas

    Top 5 Indian IT companies have less than 50% dependency on H-1B visas

    Indian-origin companies like Infosys and TCS were major players for the H-1B visa sponsorship, securing nearly 20 percent of the total approved visas in 2024, according to USCIS data.

  • What does Trump's win mean for H-1B visa holders, Indian techies

    What does Trump's win mean for H-1B visa holders, Indian techies

    With the numerous changes in the administration policies, it is believed that Trump's administration may go back to stricter regulations on foreign workers and a curb on immigration levels

  • Dependence on H1-B visas low, over 60% of US workers local, says Infosys

    Dependence on H1-B visas low, over 60% of US workers local, says Infosys

    For Q3, Infosys offshore employees made up 76 percent of the workforce while the rest were onsite.

  • Trump versus Harris: What does it mean for Indian IT companies?

    Trump versus Harris: What does it mean for Indian IT companies?

    There are plenty of shortcomings in the present H1-B visa rules including a lottery-based system and multiple applications for the same candidate, highlight experts.

  • Planning your child's education abroad? Residency via investment can help

    Planning your child's education abroad? Residency via investment can help

    Apart from helping you immigrate to another country, residency-by-investment visas can give your child much better opportunities than a student visa. These programmes can also give your family the right to live and work in that country.

  • Presidential advisory panel recommends to extend grace period for H1-B workers to 180 days

    Presidential advisory panel recommends to extend grace period for H1-B workers to 180 days

    As a result, many H1-B workers are forced to leave the country which could result in a loss of skilled labour for the United States, Ajay Jain Bhutoria told members of the advisory commission.

  • Chasing the American Dream: The buzz for EB-5 visa programme amid gloomy US tech sector

    Chasing the American Dream: The buzz for EB-5 visa programme amid gloomy US tech sector

    "Our data show that Indians requested to convert the classification of their current visa to an EB-5 visa at double the rate in 2022 versus 2021," said Peter Calabrese, CEO of the Wall Street-based CanAm Investor Services.

  • Engineer who appeared in ‘Indian Matchmaking’ among those sacked by Meta

    Engineer who appeared in ‘Indian Matchmaking’ among those sacked by Meta

    Surbhi Gupta, also a beauty pageant winner, said she had worked for over 15 years to build a life in the US.

  • H1-B visa restrictions: Democratic lawmakers urge Donald Trump admin to exempt healthcare workers

    H1-B visa restrictions: Democratic lawmakers urge Donald Trump admin to exempt healthcare workers

    President Donald Trump, in his June proclamation, banned the entry into the US of workers in several key non-immigrant visa categories, including the H-1B, arguing that they eat into American jobs during the COVID-19 pandemic.

  • H-1B visa ban | CRISIL estimates Rs 1,200-crore impact on Indian IT firms

    H-1B visa ban | CRISIL estimates Rs 1,200-crore impact on Indian IT firms

    CRISIL, however, said that the marginal impact will be over and above the up to 2.50 percent decline in IT firms' profits because of the COVID-19 pandemic.

  • H-1B visas: India tops list of registrants, says USCIS

    H-1B visas: India tops list of registrants, says USCIS

    After India, China is the second largest beneficiary at 13.2 percent.

  • H1-B visa denials touch all-time high: Report  

    H1-B visa denials touch all-time high: Report  

    The Trump administration’s crackdown on immigration has adversely affected Tata Consultancy Services, Infosys, HCL Technologies and Wipro.

  • Trade Wars: Battle takes a turn as US mulls cap on H-1B

    Trade Wars: Battle takes a turn as US mulls cap on H-1B

    India is one of the largest beneficiaries of H-1B. The move if implemented will have an impact not only in Indian businesses but also global companies that employ them

  • US Court dismisses visa fraud lawsuit against Infosys, Apple

    US Court dismisses visa fraud lawsuit against Infosys, Apple

    The lawsuit was filed in 2016 by a whistleblower alleging that the iPhone maker Apple and Indian IT company Infosys conspired to bring two Indian nationals for training on B-1 visa instead of more expensive H1-B visa.

  • H1-B visa rule favouring adv degree holders to impact IT cos: Report

    H1-B visa rule favouring adv degree holders to impact IT cos: Report

    In December 2018, the United States Citizenship and Immigration Services (USCIS) proposed reversing the process for H1-B selection favouring advance degree holders.

  • Bill introduced to protect work authorisation of spouses of H1-B visa holders

    Bill introduced to protect work authorisation of spouses of H1-B visa holders

    The H-1B visa is a non-immigrant visa through which many Indians workers are employed in US companies

  • Trump admin looks to toughen H-1B visa procedure

    Trump admin looks to toughen H-1B visa procedure

    The proposed regulation also aims to intensify efforts to crackdown on H-1B visa fraud, said Francis Cissna, US Citizenship and Immigration Services (USCIS) Director in a letter to Senator Chuck Grassley.

  • Proposed US bill on H-1B visa has onerous conditions: Nasscom

    Proposed US bill on H-1B visa has onerous conditions: Nasscom

    According to Nasscom, the proposed US Bill 'Protect and Grow American Jobs' is riddled with "onerous conditions" and places "unprecedented obligations" on both Indian IT companies and clients using H-1B visas.

  • H1-B visa issue: India needs to lobby harder to be heard by the US

    H1-B visa issue: India needs to lobby harder to be heard by the US

    Little has changed in the attitude of the US towards H-1B visa workers despite President Donald Trump’s assurance to overhaul the system

  • NASSCOM's Chandrasekhar says no positive development seen from US on visa front

    NASSCOM's Chandrasekhar says no positive development seen from US on visa front

    While the NASSCOM chief sees low growth for Indian IT companies in the current year, he expects some improvement in 2018.

  • Infosys touts plan to hire Americans in face of visa pressures

    Infosys touts plan to hire Americans in face of visa pressures

    Infosys is the largest employer of workers under the U.S. H1-B visa program for skilled workers, which has been under fire as the Trump Administration moves to tighten a range of immigration laws. Many large companies hire so-called outsourcing firms such as Infosys to manage their computer operations.

  • White House welcomes Infosys decision to hire 10,000 Americans

    White House welcomes Infosys decision to hire 10,000 Americans

    Infosys yesterday announced it will hire 10,000 Americans in the next two years and open four new centres in the US as part of efforts to mitigate the impact of H1-B visa curbs.

  • Visa wars: Nasscom defends Indian IT firms, battles with White House over H1-B issue

    Visa wars: Nasscom defends Indian IT firms, battles with White House over H1-B issue

    The industry body said that the high number of H-1B allotments to Indians was 'a testimony to the high skill levels of Indian-origin professionals', especially in the very coveted STEM skills category

  • Experts not bullish on growth for IT cos; see pressure on wages in FY19

    Experts not bullish on growth for IT cos; see pressure on wages in FY19

  • TCS unperturbed by possible changes to H1-B visa regime: CEO

    TCS unperturbed by possible changes to H1-B visa regime: CEO

    Gopinathan favoured a policy of engagement with various stake holders on the issue of H-1B visas in the US. He noted that the discourse is currently driven by emotions rather than economy.

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