The H-1B Work Visa is a non-immigrant visa to be in the United States. It allows for U.S. employers to temporarily employ foreign workers in specialty occupations. It is important to first find an H-1B job with a company that will sponsor your visa. That is required in order for anyone to obtain an H1B visa.
If you or someone you know needs help with obtaining an H-1B work visa, contact an immigration attorney in your area today!
The regulations define a specialty occupation as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor. That includes many majors such as architecture, medicine, law, etc. It also requires the attainment of a bachelor’s degree or its equivalent as a minimum.
The foreign worker must possess at least a bachelor’s degree or its equivalent and state licensure, if required to practice in that field. H-1B work-authorization is strictly limited to employment by the sponsoring employer.
The job must meet one of the following criteria to qualify as a specialty occupation: Bachelor’s or higher degree The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree The employer normally requires a degree or its equivalent for the position
- First (only required for specialty occupation and fashion model petitions): Employer Submits LCA to DOL for certification.The employer must apply for and receive DOL certification of an LCA.
- Second: Employer Submits Completed Form I-129 to USCIS. The employer should file Form I-129, Petition for a Nonimmigrant Worker, with the correct USCIS Service Center.
- Third: Prospective Workers outside the United States Apply for Visa Once the Form I-129 petition has been approved, the prospective H-1B worker who is outside the United States may apply with the U.S. Department of State at a U.S. embassy abroad for an H-1B visa. Regardless of whether a visa is required, the prospective H-1B worker must then apply to U.S. Customs and Border Protection for admission to the United States in H-1B classification.
Period of Stay
As an H-1B nonimmigrant, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years.
Get Legal Help
If you or someone you know are planning on applying for the H-1B visa contact an immigration attorney in your area today!