H1B VISA

The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. These occupations typically require a higher education degree or its equivalent. The visa has a yearly limit, and employers must ensure the job meets specific requirements and offers the prevailing wage.

Eligibility

To qualify, you must have a job offer in a specialty occupation that requires a bachelor’s degree or higher. The employer must also be willing to sponsor you.

Application Process

The employer must file a petition with U.S. Citizenship and Immigration Services (USCIS). This includes submitting a Labor Condition Application (LCA) to the Department of Labor.

Portability

H-1B workers can switch employers if the new employer files a new H-1B petition, and the worker can start working for the new employer as soon as the petition is filed, without waiting for approval.

Duration

The H-1B visa is typically granted for up to three years and can be extended for a maximum of six years.

Cap

There is an annual cap on the number of H-1B visas issued, with exceptions for certain employers like universities and non-profit research organizations.

Dependents

H-1B visa holders can bring their spouse and children under 21 years old on an H-4 visa. In some cases, H-4 visa holders may be eligible for work authorization.