What is H-1B status, how do I apply for it, and can I use H-1B status even if I want to stay permanently in the United Sates?
The H-1B is a temporary visa issued to those who will be temporarily employed in the United States in a “specialty profession.” A specialty profession generally requires a bachelor’s degree or equivalent and the application of a body of specialized knowledge. This status generally lasts for up to six years at a time, though certain exceptions may apply. Applicants must have a sponsoring employer in order to qualify for this status. The employer must file a labor condition application and Form I-129 with USCIS. After approval of the employer’s paperwork, the applicant may file for this status. H-1B status persons may take steps towards Lawful Permanent Resident status such as filing for Green Card status or applying for adjustment of status. Such “dual intent” is lawful and has been recognized since the Immigration Act of 1990.
