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A Detailed Look Into the H1B Visa Benefits
February 23, 2022
5 mins
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In this blog you will find all the information you need regarding:

As we get ready to explore the benefits of H-1B visa, we also recommend you spend a little time to understand more about the H-1B visa.

Benefits of H1B Visa: Why it is The "Golden Ticket?"

Most foreigners think that the H-1B visa is the ticket that opens doors to employment opportunities in the United States. Yes, it is an undeniable fact. However, there is so much more to owning an H1-B visa. If your prospective US employer has applied for an H1B visa on your behalf, you ought to know the other benefits that come along with it. Let's take an in-depth look at the benefits you are entitled to when you acquire your H1B visa.

The Benefits of H1B Visa? An Exploration

What are the benefits of H1B visa? The H1B visa issued by the United States Citizenship and Immigration Services (USCIS) has remained the most-popular work visa in the US. Basically, thousands of nationals from other countries can procure an H1B visa and work in the United States for a period of six years. While this is considered the main benefit, the H1B visa beneficiary or the foreign worker is entitled to enjoy other benefits such as:

1. Easy accessibility

One of the biggest H1B visa advantages is that any foreign professional can apply for it. Unlike other visas, the H1B does not limit access to people who own a residence in the U.S. Nor does it demand other criteria like a master's degree, big investment, or a managerial position. The basic requirements for eligibility are what make the H1B so popular. They are:

  • A bachelor's degree
  • A job from a US-based company that needs your specialty skills that a US worker cannot fulfill.

Finding a US-based employer who offers a job vacancy that aligns with your educational qualifications might be the biggest challenge. However, it is a simpler requirement than the criteria you need to fulfill for the L-1, E-2, and O visa categories.

2. The duration

Every H1B visa granted has a validity period of three years which can be extended to a period of six years. Besides, if you apply for a Permanent Residency or Green Card, you can stretch the six years. Other than this, two other situations can extend the H1B visa duration:

1. If you are the beneficiary of a PERM application (Program Electronic Review Management) and if you have applied for any one of the two:

  • Labor Condition Application (LCA) with the U.S Department of Labor
  • Form 1-140 petition with the USCIS a year before the sixth anniversary to start your status.

As long as the petition process continues, there is no limit to the total number of years your H1B visa can be extended.

2. Another way to extend your six-year period is if you have an approved I-140 petition without the availability of a visa number. In that case, you are ineligible to file a Form I-485 petition. This allows you to extend your H1 duration in three-year intervals beyond the usual six years.

Read more about Labor Condition Application (LCA).

3. Employment portability

The portability provision of the H1B visa program gives you the flexibility of accepting new employment. The portability provision also allows you to:

  • Hold a part-time H1B visa status as long as you spend 50% of the normal working hours for the job.
  • Work for more than one employer part-time as long as both employers fulfill the H1B sponsorship.
  • Port your employment from one company to another during your stay in the US.
  • Change your employer if you have filed for a Green Card.

Also Read: Your Comprehensive Guide to H1B Transfer

4. Time-off

H-1B employees can always go for a vacation or take care of any health issue by taking extended leaves. They will not lose their status if they do so.

5. Working hours

As far as the work hours are concerned, there is only one cardinal rule for all part-time H1B holders: You must work 50% of the number of full-time hours typical to the industry to which your specialty belongs. Moreover, the Immigration law permits one alien H1B holder to have more than one job and multiple H1B petitions. This allows you to earn as much during your stay in the US.

6. Foreign employee rights

Did you know that as per the U.S Department of Labor (DOL) orders, no H1B employer can bench their H1B workers? "Benching" is an action taken by an employer forcing a worker to take an unpaid leave of absence for work-related issues. An H1B employer can only stop paying wages to an H1B visa holder by initiating a bonafide termination of the employee.

Also Read : A Detailed Guide To H1B Case Status

6. Family benefits

Another major advantage of an H1B visa is that it allows you to bring your family members- your spouse and children below 21. If their visa application is approved, it entitles them to an H-4 visa, with some restrictions. H-4 visa holders can now work in the U.S. after applying for the Employment Authorization Documents (EAD) from the USCIS. However, children holding an H-4 visa can attend schools in the US. Spouses and children of H1B visa holders can also open bank accounts get a social security number and a driver's license.

7. Own business

The United States provides immense opportunities for foreign professionals to flourish and grow. You can start your own business on US soil, and you don't even require permanent residency or own citizenship to do that. With USCIS authorization, you can start your own business. Here are some of USCIS' requirements for the same:

  • Business plans
  • Business lease
  • Business requirements
  • Ability to pay wages
  • Documentation for business legitimacy
  • A person of authority with the power to pay, supervise, hire, and even fire you if needed.

8. Schooling for H1B holders and dependents

We have already mentioned that H1B dependents with a valid H-4 status can attend any school within the US part-time or full-time. In fact, as an H1B beneficiary, you are also allowed to attend school without procuring an F-1 visa. There are certain contingencies to enjoying this benefit. You :

  • Should continue retaining your H1B status by working for your US employer
  • Cannot receive pay for working as an assistant teacher because that would mean changing your visa status from H1B to F-1.
  • Cannot discontinue your initial employment to pursue education in the US, which will result in immediate termination of your H1B status.

9. Dual intent

Another big reason foreign applicants prefer the H1B visa is that it acts as a Dual Intent visa. In other words, this means that the H1B allows you to apply for Permanent Residency status and naturalization. While applying for your Green Card, there is no risk of you losing your H1B status. However, authorities can deny your temporary visa for two reasons:

  • If they believe you have plans to pursue permanent residency
  • If you have misrepresented your intent while applying for a temporary visa

However, your immigration intent isn't a factor when getting an H1B or getting a green card after getting an H-1B. You also don't need to have a foreign residence like other temporary visas.

Learn more about H1B visa benefits from TechFetch H1B

The entire process of getting a H-1B visa and traveling to the US can be exhaustive and intimidating for most aspirants. TechFetch H-1B understands the dynamics of the immigration process and is committed to providing you up-to-date information about the US immigration rules & norms. Visit TechFetch H1B and gain valuable insights on this coveted visa program.

**Disclaimer: All information regarding the H1B visa is subject to change. Kindly refer to the official USCIS website to learn about the latest updates.**

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Article by Techfetch H1B team

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