The H1B visa or work permit allows a foreign national to temporarily work in the USA for a maximum of six years. Since this is a non-immigrant visa, the processing time is faster than that for a US Green Card.

U.S. Visa Application
An H1B visa requires sponsorship by a US based employer. Foreign nationals cannot apply by themselves for this type of visa, a US employer must petition for their entry. The application date can be as long as six months before the actual start of employment based on the US fiscal year.

H1B Requirements
The H1B visa is designed for workers in specialty occupations or professions that entail expertise or specialised knowledge. The minimum requirement is normally a job-relevant tertiary education, equivalent to a 4-year US Bachelor’s degree or the equivalent of a three-year course plus three years of relevant work experience. Undergraduates can qualify for a H1B visa if they have at least 12 years of relevant work experience. Professional practitioners are required to pass the licensure exams mandated by the government.

Duration of Stay
H1B holders can work in the USA for a maximum of three years during their first term. This visa can then be renewed for up to two years and for one further year thereafter. When the six-year maximum residency ends, H1B workers must leave the USA and wait for one year before applying for another visa.

Rights of H1B Workers
Should an H1B worker be dismissed prior to the expiration of his visa, the sponsoring employer is liable for the expenses he incurs in returning to his previous foreign residence.