The US government issues the H1B visa to authorize a foreign national to visit the United States to work for a US company. To become an H1B visa holder, the foreign national must do a job that requires specialized knowledge. To be more precise, the professional should be someone who possesses skills that the employer failed to find in any US-based candidate.
The employer hiring the foreign worker needs to sponsor his/her H1B visa. The company must pay the visa fees of the applicant and should submit all the necessary documents on the applicant’s behalf. In other words, it’s the responsibility of the employer to make the process of coming to the US easier for the foreign worker.
Once you receive your H1B visa, you obtain the right to visit the United States to work for your employer. There are more such rights that you will enjoy once you obtain the visa. Along with these rights, there will also be some responsibilities that you’ll need to fulfill. Read on to know about them.
Basic Rights of an H1B Visa Holder
If you have obtained an H1B visa for working in the US, the law of the country will protect you from all kinds of hazards a foreign national may face when working in the Us. Your rights would be pretty wide-ranging. The section below lists the basic rights of the H1B visa holders.
- You will have the right to work in an environment free of discrimination related to shifts, work hours, leaves, vacations, and so on.
- The LCA or Labor Condition Application has fixed the working conditions and wages for the visa holders following the industry standards.
- The employer must give H1B visa owners timely wages irrespective of the fact whether the company has received payments from the client or not.
- As an H1B visa holder, you are eligible to receive a copy of every official document which depicts the position and status you hold in your workplace. These may include forms I-94, I-797, and more.
- You’ll also be eligible to obtain a copy of all other legal documents that prove your eligibility for staying and working in the US and receiving wages for the job you do.
Other Rights of an H1B Visa Holder
Other than having the above rights, your HB1 visa will also give you the power of buying property in the country. Being an H1B visa holder, the US government will allow you to travel without the need for any additional paperwork. The visa will even give you the power of quitting the job that brought you to the United States and joining another company.
However, the other company you join should have the ability to support and sustain your H1B visa status legitimately. However, this right might vary from one person to another depending on the clauses added to their employment contract. You can quit your job and look for another employment only if your existing employer gives you the freedom of breaking the contract without being penalized. If that’s not the case, you will have to be ready to pay a penalty for your action.
As an H1B visa holder, you will have the right to apply for a visa extension once it expires. However, you can get approval only if you continue to meet all the requirements of having the visa. Your H1B visa will have a validity of three years from the date of approval. You can extend that duration by six more years. However, under certain circumstances, foreign workers can get longer extensions. Top immigration attorneys are instrumental in helping H1B visa holders to get longer extensions citing valid reasons.
Last, but not least, people with an H1B visa can apply for Green Cards to become permanent residents of the United States.
Responsibilities of an H1B Visa Holder
Once you receive your H1B visa and come to the US, you’ll have the following responsibilities:
- Abide by the country’s law diligently
- File taxes on time
- Follow every protocol that upstanding US citizens need to follow
- Never participate in illegal practices of any kind
- Provide authentic information regarding your qualifications and your current employment status
- Ensure that you are only seeking above board and legitimate employment
To make the process of becoming an H1B visa holder easier, you should consider meeting US-based immigration law consultants. You can do so through video calls and phone calls sitting in any corner of the globe.
Onal Gallant and Partners PC is a law office specializing in Real Estate Law, Intellectual Property, Corporate and Business Law, Immigration Law, and the US Visa Processes. We deliver reliable advice in a large variety of subjects ranging from forming a corporation, and buying a house in the US to trademark registration and Green Card applications (e.g., EB3 Visa or DV Lottery). With exceptional knowledge and insight into immigration law, our experienced lawyers at Onal Gallant and Partners PC are ready to help and respond to all of your inquiries.