are several H-1 categories but the most important for the Businessman
is H-1B for persons qualified to perform services in "specialty occupations"
This usually means having a degree or "equivalent experience"
two questions to ask of a position being offered to a foreign national
specialty occupation is one that requires (a) theoretical and practical
application of a body of highly specialized knowledge and (b) attainment
of a bachelor's or higher degree in the specific specialty ( or its equivalent)
as a minimum for entry into the occupation in the United States
for performing in the specialty occupation:
must first obtain permission from the Department of Labor (DOL) by filing
a Labor Condition application. The main purpose of this is to ensure that
the employer is paying wages/salary equivalent to what one would pay a
one has to file with the Immigration and Naturalization Service (INS)
documenting the suitability of the position and the applicants qualifications
for the job.
then takes place at the appropriate home country Consulate.
admission is for a period of three years with an extension of up to another
three years. One is eligible for a new H-1B petition by living outside
the US for at least one year
there is an annual cap on the number of H-1b non-immigrant visas issued
in a fiscal year i.e. 65,000. This was recently reached and it may be
that applications filed towards the end of the fiscal year (Oct - Sept)
will be subject to delay.
above refers to the concept of using a non-immigrant visa to facilitate
permanent entry to the United States and is an offence with most visas.
However both H-1B and L-1 were exempted from this doctrine and it is not an offence to obtain these visas and also by other actions e.g. filing for an immigrant visa, to indicate that your real aim is permanent settlement in the US.