H-1B Nonimmigrant Worker

What is an H-1B?

An H-1B Visa (Specialty Occupation) is a non-immigrant visa that is available to a foreign national who has been offered a job by a United States company for services to be performed in the United States. H-1B Visas are available to workers in specialty or professional occupations. It allows you to stay and work in the U.S. for an initial period of three years, but not to exceed six years. H-1B Visa holders can travel in and out of the United States, when it has been granted by a United States Consulate. Spouses and unmarried children under the age of 21 may receive visas as well.

How do I Qualify?

In order to qualify for an H-1B visa, candidates should meet the following criteria:

  • Candidate must hold a bachelor’s degree or higher degree or its equivalent as well as position requires this degree to perform;
  • The degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor’s degree in a field related to the position;
  • The employer normally requires a degree or its equivalent for the position; or
  • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

How Do I apply?

In order to apply for an H-1B visa, an employer must make a job offer and be willing to sponsor the alien by filing a petition with the USCIS. Generally, individuals cannot apply for an H-1B visa to allow them to work in the US. Please note that the number of new H-1B non-immigrant visas issued each year is subject to a cap. The maximum number of visas is capped at 65,000 per fiscal year counted from October 1 to September 30. Please contact our office for a free consultation if you are interested in filing for this type of visa.


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