H-1B Visas and Roving Employees

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H-1B Visas and Roving Employees
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What is a roving employee?
A roving employee is a person that works off-site
from the main base of operation relative to the
employer. In most cases, a roving employee is
considered to be an employee who works in
multiple locations and constantly jumps from
worksite to worksite.
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What is a H-1B Visa?

• The H-1B visa is a non-immigrant visa. It is
  designed to allow U.S. employers to recruit
  employ foreign professionals in specialty
  occupations to work in the USA for a specified
  period of time.

 The H-1B program provides the opportunity for
foreign workers in specialty occupations to
legally live and work in the US for a total of 6
consecutive years, and entitles their spouse and
children (under the age of 21) to accompany them
and legally live in the USA on an H-4 visa
(although their spouse and children cannot work
unless they obtain their own work visa). If an
employer is willing, the employer can sponsor an
H-1 visa foreign employee to apply for a green
card.
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Requirements

• Foreign workers must possess at least a
  bachelors degree or its equivalent (this
  requirement can usually be met by having a 3-year
  degree and 3 years of relevant post-graduate
  experience).
• H-1B visa qualifying occupations are typically
  occupations requiring highly specialized
  knowledge in a field of human endeavor, including
  but not limited to IT, Architecture,
  Engineering, Mathematics, Physical Scientific
  Research, Social sciences, biotechnology,
  HealthCare/Medical, Education, Law, Accounting,
  Business, Theology, Arts, Computing, Finance,
  Accounting, Banking, Marketing, Sales,
  Recruiting, and Telecoms.

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Eligibility

• The job must meet one of the following criteria
  to qualify as a specialty occupation
• A Bachelors degree or higher or its equivalent
• The degree requirement for the job is common to
  the industry or the job is so complex or unique
  that it can be performed only by an individual
  with a degree.
• The employer normally requires a degree or its
  equivalent for the position
• The nature of the specific duties is so
  specialized and complex that the knowledge
  required to perform the duties is usually
  associated with the attainment of a bachelors
  degree or higher

• To qualify to accept a job offer in a specialty
  occupation one of the following criteria must be
  meet
• Have completed a US BA/BS or higher degree
  required by the specific specialty occupation
  from an accredited college or university.
• Hold a foreign degree that is the equivalent to a
  US BA/BS or higher degree in the specialty
  occupation.
• Hold an unrestricted state license, registration,
  or certification which authorizes you to fully
  practice the specialty occupation and be engaged
  in that specialty in the state of intended
  employment.
• Have education, training, or experience in the
  specialty that is equivalent to the completion of
  such a degree, and have recognition of expertise
  in the specialty through progressively
  responsible positions directly related to the
  specialty.

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H-1B and The Employer

• In the H-1B petition process, the employer is the
  petitioner, while the foreign worker is the
  beneficiary. Foreign individuals can not apply
  for an H-1B visa to allow them to work in the US.
  The number of H-1B visas issued each year is
  subject to an annual cap that is determined by
  the US Congress.
• Once an employer has brought a foreign worker to
  the U.S. on an H-1B visa basis, if the company
  should dismiss that worker before the expiration
  of the visa, the company is liable for any ticket
  costs that the worker incurs travelling back to
  his/her last foreign residence. This provision is
  dependent on dismissal and is not relevant if a
  worker chooses to resign.

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Rights and Restrictions

• Employee Rights
• Vacation
• Sick leave
• Maternity leave
• Paternity leave
• The Spouse may enter on the H-4 visa

• H-1B Visa Restrictions and Limits
• 65,000 visas are issued every year
• 20,000 visas issued for those with a US Masters
  degree
• Non-profit organizations are excluded from the
  annual cap
• Higher education institutions are excluded from
  the annual cap
• H-1B visas are issued for a maximum of 6 years

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The Benefits

• Applying for a non-immigrant visa is generally
  quicker than applying for a US Green Card,
  therefore the H-1B visa is popular for companies
  wishing to bring in staff for long-term
  assignment in the US.
• One of the privileges of the H-1B visa, as
  opposed to many other nonimmigrant visas, is that
  it is a dual intent visa. In other words, under
  the terms of the H-1B visa, the alien employee
  can also apply for a Green Card and become a
  permanent resident, and the H-1B visa will not be
  denied or invalidated.

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In Closing

• The H-1B is a very beneficial visa for those who
  qualify for it. Obtaining one is not difficult
  but understanding what the H-1B entails and the
  process involved in acquiring one within a timely
  manner can be a bit of a challenge at times. It
  is always a good idea to seek legal guidance in
  order to ensure that there are no missteps in the
  process of obtaining an H-1B visa.

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Contact Us

• Attorney Samira Recob has extensive experience in
  all aspects of Immigration Law, including
  employment-based and family-based immigrant visa
  petitions as well as all types of applications
  for legal permanent residency, nonimmigrant visa
  petitions and naturalization application.
• She has represented major public and private
  corporations, start-up technology companies,
  research scientists, IT workers, prestigious
  academic research institutions and individuals
  sponsoring family members and citizenship
  candidates.
• For more information visit us at
  http//www.recoblaw.com.