Experienced Employment Immigration Lawyer in NYC

The Law Office of Cheryl David In New York City has the skills and the experience with the employment immigration matters, including I 765 Work Authorization, Green Card, Employment Visas, PERM Visa and Travel Documents. The H-1B visa is a non-immigrant visa in the United States issued under the Immigration and Nationality Act. It allows United States employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is fired they have three options:

  • Apply for and be granted a change of status,
  • Find another employer, or
  • Leave the United States

“Specialty occupations” require theoretical and practical application of a body of highly specialized knowledge in a field such as biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum educational qualification. The foreign worker must possess at least a bachelor’s degree or its equivalent and state licensure if required for their field. The H-1B work-authorization is  limited to employment by the sponsoring employer and is not transferable to another employer without separate application.

The duration of an employment visa stay is three years extendable to six. H-1B visa holders who want to continue to work in the United States after six years but who have not obtained permanent residency status, must remain outside of the country for one year before reapplying for another H-1B visa. There is no requirement that the individual remain for any particular amount of time in the job the visa was originally issued for. This allows a person to transfer upon sponsorship to a new employer.

The current visa limit is 65,000 for foreign nationals who may be issued an employment visa each year. However, there is an exception for universities. Due to this and other exemptions, the number of H-1B visas issued each year is actually more than 65,000. Income taxation for H-1B employees depends on whether they are non-resident aliens or resident aliens. A non-resident alien is only taxed on income from the United States while a resident alien is taxed on all income.

The H-1B visa is one of the few visa categories allowing for dual intent, meaning that the holder can apply for a green card while holding the visa. The employment-based immigration process takes many years. Consequently, many H-1B visa holders must renew their visas in one to three-year increments for continued legal status while their green card application is in process. H-1B visa holders can bring immediate family members, spouses and children under the age of 21 to the United States under the H4 Visa category as dependents. An H4 Visa holder may remain in the U.S. as long as the H-1B visa holder does. However, a H4 visa holder often is not eligible to work or obtain a Social Security number. An H4 Visa holder may attend school, obtain a driver’s license and open a bank account. In order for the visa holder to claim a dependent on a tax return or file a joint tax return, the dependent must obtain an Individual Tax Identification Number.

Contact Our NYC Attorneys for Help With Employment Immigration

For additional information about the scope of our firm’s employment immigration practice, contact the Law Office of Cheryl R. David in New York City today.