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Health & Fitness

Immigration: What are G and H Visas?

The G-visa is a nonimmigrant visa for foreigners who wish to come to the US on a temporary basis.  The easiest way to remember the G-visa is to think of it as a “Government Visa”.  The G-visa is generally issued to diplomats and other government officials for travel to the US to attend meetings, etc., such as an official from the United Nations, representatives of recognized foreign governments, representatives of non-recognized foreign governments, and individuals taking up an appointment with a designated international organization in the US, NATO members, including their families, personal employees, attendants and servants. 

 

The H-visa is one of the most widely used and widely criticized temporary visas in the US.  Many foreign students come to the US to attend American colleges and universities.  Upon graduation with a Bachelors Degree, they may accept a position with a US company under an H-visa category.  The H-visa is used generally for college graduates, either from a US college or from a university abroad, coming to the US to work in their major field of study, in a position which requires at least a full four-year college education.  Companies across the US, such as Microsoft, Google, and other technology based businesses hire foreign workers through the H-visa program every day.  There is such a high demand for H-visas that they are effectively only available one day per year! 

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The reason for this is that the US Citizenship and Immigration Services (USCIS) works on a fiscal year basis, not a calendar year basis.  Their new fiscal year begins every October 1st, and ends every September 30th.  Since there are only 65,000 new H-1B visas issued each year, and since the regulations allow businesses to apply for these visas  no earlier than six months in advance; April 1st has become the magic date each year (6 months before October 1st which is the date that the new visa numbers become available each year).  This past April 1, 2013, USCIS received 124,000 applications.  Thus, the H-1B visa CAP was reached in ONE DAY.  Remember that this is for a job to commence no sooner than October 1st!

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The scenario for applying is extremely complex, since the applicant must already be a full graduate and holder of at least a bachelor’s degree or equivalent (as certified by an approved educational evaluation company in the US) on April 1st.  Since most universities do not graduate their students by April 1st, this leaves a dilemma.  Graduates may have to depart the US for a year and return the following year to work with an H-1B visa.  A Cap-Gap can cover current graduates who meet the graduation criteria on April 1st, but whose Student Visa is set to expire before October 1st.  However, those who are not here on Student Visas, may also have to depart the US when their current visa status expires, only to return to work on or after October 1st.

 

There are an additional 20,000 H-1B visas available for those foreigners holding masters degrees or higher. 

 

Certain H-1B visa holders can be Cap-Exempt; not subject to the 65,000 cap limitation if they have already held an H-1B visa in the past and are simply changing employer, or if they will be working for an institution of higher learning, or for a nonprofit business associated with an institution of higher learning or a nonprofit involved in research. 

 

The H-1b visa is usually issued in 1 to 3-year increments, renewable up to 6 years, with a possible further extensions in special cases.  The visa is meant to be a temporary visa and can never become a permanent resident visa, or “green card” on its own.

 

 

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