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H1B Visa Process and Laws

H-1B is a non-immigrant visa that allows U.S employers to hire foreign workers for specialized positions on a temporary basis. The foreign worker must maintain employment with the sponsoring employer or otherwise apply for a change of status, find employment with another employer, or leave the United States. To learn more about H1B take a look at the more commonly asked H1B questions below that have been answered by Experts.

If an individual wants to ask their company to apply for a H1B visa is there any regulation to the company size or annual profit for a H1B application?

There are no set requirements regarding the size of the company or profit margin for an H-1B employer. There is a reference made about a 25 employee cut off but that is only in regards to the fee's the employer must pay if he/she has more than 25 full time employees.

The H-1B visa is geared towards those individuals who have special skills and degrees in specialized areas such as medical, architectural, science, etc. The applicant for the H-1B visa must hold no less than a bachelors degree in their field of expertise. Furthermore, the employer must exercise prevailing wages (pay the visa holder the current wage for their expertise). Lastly, there must be an actual employer-employee relationship involved.

If a H1B visa is about to expire can the individual stay a little longer than the expiration date, or does the individual have to leave before the visa expires?

If your visa has expired and you remain in the U.S., you may jeopardize your chances of gaining another visa at a later date. While the immigration officials will be lenient to you for staying a few months over the expiration versus several years past the expiration, you will still risk not being allowed to get a visa at a later date as well as being banned from re-entry to the states for up to 10 years. By complying with the rules and regulations pertaining to your visa, your chances of returning to the states greatly increase.

If an individual is on a H-1B visa and is wanting to get married in Maryland, does the individuals fiancé need to be present when the individual is getting the marriage license?

Maryland law states that either the bride or groom can obtain the marriage license. However, the person who obtains the license must also have proper identification of the other party. A driver's license, passport, or birth certificate is all forms of identification required for the process. You will also both need a Social Security Number (SSN), if either of you don't have one; you will have to appear at the licensing office and fill out the proper paperwork.

If an individual is in the U.S. on a H-1B visa in California and was married in India as per Special Marriage Act, how can the individual apply for a mutual consent divorce in the U.S.?

The individual will go through the courts to file for divorce. When the individual files for the divorce petition, the individual will have to have their spouse served with the divorce papers. Once served, the spouse will sign a statement which states they agree with the conditions of the divorce. The judge can then grant the divorce which a copy will need to be sent to the spouse for their personal records. You can buy a packet for "uncontested divorces" if you plan on handling the divorce without an attorney. The clerk at your local family law court can assist you with filling the paperwork out and answer any questions that you may have.

Many questions arise when foreign nationals are in the states on H1B visas and encounter issues. Many times, the foreign national is unsure who to turn to or where to get the answers to their questions. If you have questions about your H1B visa and need answers fast, you should ask an Expert for assistance.
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