What is an H-1B Visa? 

The H-1B visa is a special visa that allows foreign nationals to work in specialty occupations in the United States in what are known as specialty occupations.These fields include architecture, engineering, mathematics, physical sciences, social sciences, medicine, health, education, business, law, accounting, theology, and the arts.

To qualify, the petitioner must typically have a bachelor’s degree or higher level of education in the respective field. H-1B Visas are a crucial way in which the U.S. companies attract and gain access to talented professionals around the world. Below is a brief outline H-1B Visas:

Key Points:

• Annual Cap: 65,000 visas plus an additional 20,000 for those with advanced degrees from US institutions.
• Duration: Valid for up to three years with the possibility of a three-year extension.
• Dependents: H1B visa holders can bring their spouse and children under 21 (H4 status).
• Portability: Visa holders can change employers under certain conditions.
• Dual Intent: Visa holders can apply for permanent residency while on H1B status.

Benefits of an H-1B Visa

• Legal Work: Allows highly qualified individuals to work and live in the US, benefiting both the beneficiaries and the US economy.
• Permanent Residency: Visa holders can apply for permanent resident status without jeopardizing their H1B status.
• Dependents: Spouse and children can join the H1B holder in the US, attend school, but are generally not allowed to work.
• Portability: H1B holders can change employers upon filing a new petition without waiting for approval.

Requirements of an H-1B Visa

• Job Offer: Must have a job offer from a US employer.
• Employer-Employee Relationship: Employer must control when, where, and how the beneficiary completes their duties.
• No Labor Disputes: No strikes or labor disputes at the worksite.
• Specialty Occupation: Job must require specialized knowledge and a bachelor’s degree or higher.
• Degree Requirement: Must hold a bachelor’s degree or higher in a related field or equivalent experience.
• Licensure: If the position requires a license, it must be obtained before the visa approval.

Limitations of an H-1B Visa

• Cap: 65,000 visas annually plus 20,000 for advanced degrees.
• Lottery System: If applications exceed the cap, a lottery system is used.
• Exemptions: Employees of higher education institutions, nonprofits, and governmental research organizations are exempt from the cap.

How does the application process work?

1. Registration Period: Employers must register during the designated period.
2. Submit Petition: If selected in the lottery, file Form I-129.
3. Approval: Receive Form I-797 approval notice.
4. Visa Application: If abroad, apply for a visa at a US consulate.
5. Begin Work: Start working in the US once the visa is approved.

Documents Required 

• Detailed job description
• Resume
• Transcripts and certifications
• Training certificates
• Employer support letters
• Company information
• Passport copies for applicant and dependents
• Job postings for similar positions
• Evidence of licensure (if applicable)

H-1B Visa Fees

• ACWIA Fee: $1,500 for employers with 26 or more employees; $750 for employers with 25 or fewer employees.
• Fraud Prevention Fee: $500.
• Form I-129 Fee: $460.
• Premium Processing Fee: $1,440 (optional).

Commonly asked questions

What is the processing Time? 

Processing time can range from less than two months to over nine months, depending on various factors such as premium processing, visa type, and service center used.

How do you amend the application? 

Changes in employment conditions, such as changing employers or significant job duty alterations, require filing a new or amended petition.

How do you recapture the time? 

Time spent outside the US does not count towards the six-year maximum and can be recaptured to extend the H1B status.

Is there a pathway to a Green Card? 

H1B visa holders can apply for permanent residency. Those with approved immigrant visa petitions may stay beyond six years while awaiting their priority date.

Want to apply for an H-1B Visa? 

The H1B visa is a valuable option for foreign nationals seeking to work in specialty occupations in the US. For more information or assistance with the H1B visa application process, contact Yellow Law Group.