Basic Overview of H1-B Visas

 

What is an H1-B Visa?

 

The H-1B temporary work visa gives an individual permission to work at a specific employer. The H1-B category is an expedient visa that enables a limited number of foreign-born professionals and speciality workers to temporarily to the United States each year. The number of H1-B visas issued to most categories of workers are limited each year and subject to the "H1-B Cap". Details on the H1-B cap are included on this site.

 

Basic Overview of H1-B Visas:

 

H1-B and Dual Intent

The H1-B visa is probably the most popular visa used by workers seeking employment authorization in the United States. One reason for the popularity of the H1-B visa is that it allows dual intent. Dual intent means that you can hold an H1-B visa and simultaneously apply for legal permanent residency (a "green card").

 

H1-B's List of Specialists and Professionals:

The H1-B visa is available to a limited list of professionals and specialists. USCIS guidance on approved professions and specialities is available by clicking here. A professional typically will seek an H-1B to begin work in the United States, and often, but not always, later file an application to obtain permanent resident status.

 

How Long is an H1-B Visa Valid for?

 

An H-1B petition may be valid initially for up to three years. USCIS commonly grant an extension of the initial H1-B visa for a second period of three years. Limited additional H1-B visa extensions are available beyond the second year period in special circumstances.

 

How to Qualify for an H1-B Visa:

 

USCIS generally apply a four step analysis to see if a client might qualify for an H1-B visa:.

1. Whether the position the foreign national will fill is a professional or specialist job;

2. Whether applicants education and background qualifies the applicant for the position;

3. Whether the wages offered by the potential employer satisfies the U.S. Department of Labor (DOL) labor condition application (LCA) criteria; and

4. Whether the H1-B applicant is inadmissable to the United States.