An H-1B visa allows a U.S. employer to hire someone with training in a specialty occupation such as IT, finance or engineering. A specialty occupation means someone with a U.S. bachelor’s degree or its equivalent in the relevant profession.
Requirements for the H-1B Visa:
A bachelor's degree or equivalent experience, though other options allow an individual to qualify based on education and/or work experience.
The H-1B employer must obtain a Labor Condition Application (LCA) from the U.S. Department of Labor before filing the H1B petition with the USCIS.
An employer is required to pay 100% of the prevailing wage.
USCIS will generally approve an H-1B in about two months, but times may vary. You can also pay extra for Premium Processing, which reduces approval time to about 10 business days.
Duration of Stay:
H-1B visas are issued for up to three years at a time for a total of up to six years. They are employer-specific but can be transferred from one employer to another, and an individual can work full or part time. An H-1B employee may receive an extension beyond six years in some circumstances, such as when an individual is applying for permanent U.S. residence through an employer.
Spouses and Children:
The spouse and minor children of an H-1B worker can live in the U.S. under H-4 status, which lets them study but not work in the U.S.
If you are in need of immigration assistance with the H-1B, please contact us to schedule a consultation by using the contact form below.