What is the H-1B Visa?

The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily hire foreign workers in specialty occupations that require highly specialized theoretical and practical knowledge. Typical fields include:

• Technology (software engineers, developers)
• Finance and accounting
• Civil, electrical, mechanical engineering
• Biological and physical sciences
• Architecture and design
• Healthcare professions like doctors, nurses
• Certain legal or business roles

The H-1B is known as a dual intent visa, meaning you can pursue a Green Card while in H-1B status without affecting your current visa.

Eligibility Requirements

To qualify for an H-1B visa, all of the following must be met:

✔️Specialty occupation requirement: the job must require at least a bachelor’s degree in a specific specialty field.

✔️Qualified worker: the foreign professional must hold a U.S. bachelor’s degree or higher (or its foreign equivalent), or equivalent work experience (commonly calculated as three years of experience for each year of missing academic study).

✔️Valid job offer: the U.S. employer must offer a legitimate, specialty occupation position.

✔️Approved Labor Condition Application (LCA): the employer must file and receive certification of an LCA from the U.S. Department of Labor (DOL), agreeing to pay the prevailing wage for the position.

What is the H-1B Process?

Electronic H-1B Registration (H-1B Lottery)

• Conducted annually in March for positions subject to the H-1B cap.
• The registration requires basic details about the employer and the foreign worker.

Lottery selection

• USCIS randomly selects registrations until it reaches the annual quota (65,000 regular cap + 20,000 for those with a U.S. master’s degree or higher).

I-129 Petition Filing

• If selected, the employer files Form I-129 with supporting documents and the approved LCA.

USCIS Review

• USCIS reviews the petition, may request additional evidence (RFE), and issues an approval or denial.

Visa issuance or status change

• If the worker is outside the U.S., they must attend a consular interview to obtain an H-1B visa.
• If the worker is already in the U.S. in valid status, a change of status can be processed without departing.

📄Required Documents

For the employer:

• Detailed job offer and employment contract.
• Certified LCA.
• Evidence of the business’s legal operations.

For the employee:

• Completed Form I-129.
• Academic degrees or credential evaluations (for foreign degrees).
• Letters of employment verifying relevant experience.
• Valid passport copy.
• Updated résumé/CV.
• Payment of required filing fees.

Important Restrictions

⚠️You may only work for the sponsoring employer listed on the approved petition.

⚠️The initial stay is limited to up to 3 years, extendable for a total maximum of 6 years (with exceptions for those pursuing permanent residence).

⚠️Changing employers requires a new H-1B petition (H-1B transfer).

⚠️Most cases are subject to the annual H-1B cap, with exceptions for certain non-profits, universities, and research organizations.

Can Family Members Join?

Yes! H-1B workers can bring their:

• Spouse and unmarried children under 21 under the H-4 visa category.

H-4 dependents can reside and study in the U.S., and some H-4 spouses may apply for a work permit (EAD) if the H-1B holder has an approved employment-based Green Card petition.

Expected Timelines

• Registration for the H-1B lottery: March each year.
• I-129 processing time: typically 6 to 12 months.
• Premium Processing (optional) provides a decision within 15 calendar days once USCIS receives the petition.

Frequently Asked Questions

•  Is there a limit on the number of H-1B visas issued each year?
  Yes. There are typically 65,000 H-1B visas available annually, plus 20,000 additional visas reserved for U.S. master’s or higher degree holders.
• Can I apply multiple times?
  Yes. If you weren’t selected or didn’t apply previously, you can reapply each year if you meet the requirements.
• Who pays the costs of the process?
  Most required fees (e.g., filing, fraud prevention, training fees) must be paid by the employer, but optional services like Premium Processing may be paid by either the employer or the employee.
• Can I study while on H-1B?
  Yes, but employment must remain your primary purpose of stay.
• Can the H-1B visa lead to a Green Card?
  Yes. The H-1B allows dual intent, which means you can pursue permanent residence (Green Card) without jeopardizing your H-1B status.

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