One of the main benefits of H-1B status is its tolerance of “dual intent” -- the ability of an H-1B worker to apply for and obtain permanent residence in the US without having to leave the US and wait abroad for an immigration visa to be approved.
If you are in the US in H-1B status, you enjoy a benefit called “H-1B portability” -- subject to certain restrictions, you can change jobs without having to leave the US and start the H-1B visa process all over again.
Before you even apply for H-1B status, for example, you must be cleared by the US Department of Labor to make sure that your employment will not adversely affect US workers.
The H-1B visa is popular because of its low entry barrier (a bachelor’s degree), its portability (allowing the holder to change jobs) and its tolerance of the candidate’s “dual intent” (by allowing an H-1B holder to transition to permanent residence without returning home).
Herman Legal Group was retained by our client’s parent company. We first applied for labor certification for this beneficiary’s position, and acquired approval early in March, 2015. Upon receiving the labor certification, we quickly submitted H-1B application on behalf of our client.