H-1B Temporary non-immigrant work visa
The H1B visa classification permits a foreign national to work in the United States for a temporary period. It is available for offers of employment that are in a specialty occupation. A person may hold H1B status for a maximum of six years, and it may be issued in increments of up to three years by the USCIS. An employee may receive extensions of H1B status beyond six years in certain circumstances, if she/he is in the process of applying for employment-based permanent residence (commonly referred to as the “green card”). H1B visas are numerically limited, with a total of 85,000 visas available each fiscal year (20,000 of these visas are restricted to individuals who have received master’s degrees or higher from U.S colleges or universities). This limitation is referred to as the H1B cap.
Eligibility Requirements
- For a specialty occupation H1B petition, the employee must have a US bachelor’s degree, or hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
- It may also require an equivalent experience for the specialty occupation that is solely at the discretion of the employer.
- The employer for an H1B petition must obtain a labor condition application (LCA) from the U.S. Department of Labor before filing the H1B petition with the USCIS.
- An employee who has previously received an H1B visa, or been granted H1B status is generally exempt from the numerical limitations.
- An employee who is presently employed in H1B status may utilize the portability provisions of the American Competitiveness in the Twenty-/First Century Act (AC21) to transition their H1B to a different employer.
- The spouse and minor child/ren of an H1B employee are authorized to live in the United States in H-4 status, and to study, but are not permitted to work.
Application and Authorization Process
The employer for an H1B petition must obtain a labor condition application (LCA) from the U.S. Department of Labor before filing the H1B petition with the USCIS.
The prospective employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker.
Time duration for approval
2-4 weeks
Forms required to be submitted for this application
- Form ETA-9035
- Form I-129
Information that you will have to provide
- Education Certificates and Transcripts
- Social Security if applicable
- Driver’s License if applicable
How we can help
Our attorneys are available to consult with both sponsors and beneficiaries to discuss their options and responsibilities. To start the process:
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