H-1B The H-1B visa is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation is one that requires the application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty or its equivalent. H-1B Visa allows U.S. employers to employ foreign specialty professionals.
Examples of specialty occupations include:

Architects

Engineers

Computer programmers

Physicians

Teachers in primary/secondary schools

Researchers

Who Qualifies for H-1B Visa?

To qualify for an H-1B visa, an individual must:

1. Have a job offer from a U.S. employer in a specialty occupation
2. Possess the necessary qualifications for the specialty occupation, including education, training, and/or experience.
3. Possess a bachelor’s degree or higher in the specific specialty, or its equivalent.
4. The U.S. employer must demonstrate that they are unable to find a qualified U.S. worker for the position, and must pay the foreign worker the same wage as they would pay a U.S. worker for the same position.
5. The U.S. employer must file a Labor Condition Application (LCA) with the Department of Labor and obtain certification before filing a petition with the U.S. Citizenship and Immigration Services (USCIS).

It’s important to note that the above requirements are general in nature and for specific cases. It is important to note that the H-1B visa process is highly regulated and it can be complex, and it may require the assistance of an attorney who is experienced in immigration law.

How can we help you

1. We are available to consult with both employers and employees to discuss their options and responsibilities.
2. We can represent you in filing a petition with USCIS
3. For initial, extension, or recapture time, we will prepare H1B petitions.
4. We can provide assistance in connection with H 1B visa applications at U.S. consulates.

H-1B Visa Frequently Asked Questions

Here are some frequently asked questions about H-1B visa:

1. How long is an H-1B visa valid for?
   An H-1B visa is usually valid for up to three years, with the possibility of extensions for up to six years. However, the maximum amount of time an individual can stay on an H-1B is 6 years.


2. Can I bring my family with me on an H-1B visa?
   An H-1B visa holder may bring their spouse and children (under 21 years of age) with them to the United States on an H-4 visa. Dependents on H-4 visa are not allowed to work in the United States.


3. Can I change my status from an H-1B visa to a different visa category?
   It is possible to change your status from an H-1B visa to a different visa category if you meet the requirements and qualifications for the new visa category, and if the USCIS approves the change of status.


4. Can I apply for a green card while on an H-1B visa?
   Yes, it is possible to apply for a green card while on an H-1B visa.


5. Can I extend my H-1B visa?
   It is possible to extend the stay of an H-1B visa if the individual’s circumstances have not changed, and if the USCIS approves the extension.


6. Is there a cap on the number of H-1B visas that can be issued each year?
   Yes, there is an annual cap on the number of H-1B visas that can be issued each year. The cap is set by the U.S. government and it is currently set at 65,000 for regular H-1B visa and 20,000 for master’s degree exemptions.