Overview of U.S. Non-Immigrant Work H Visas
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 s/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.
* The H1B visa is also available for offers of employment as a fashion model of distinguished merit and ability.
Requirements for U.S. Non-Immigrant Work H Visas
- For a specialty occupation H1B petition, the employee must have a bachelor’s degree or equivalent experience.
- 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 of an H1B employee are authorized to live in the United States in H-4 status, and to study; if the principal H1B worker is being sponsored for lawful permanent residency (i.e., a “green card”,) the spouse may also be able to obtain work authorization.
When would I use an H-1B visa?
If you are planning to temporarily work in the United States and have a job offer. There are different types of H visas. One of the most popular is the H1B visa. This type of visa requires that you have a bachelor’s degree or its equivalent.
How do I obtain an H-1B visa?
Before you can apply for the H-1B visa, you must find a United States employer who is willing to offer you a job and sponsor you. It is important to note that H visas are not immigrant visas and therefore do not confer lawful permanent residency. If you want a green card, you will need to go through a separate employment-based immigration process.
Once you have obtained an offer of employment, you must demonstrate the position requires specialized knowledge, and you will need at least a relevant bachelor’s degree or a foreign degree equivalent. If you do not have a university degree, you may still be able to qualify if you have a sufficient amount of applicable work experience or training. Three years of professional experience or training are generally considered the equivalent of one year of college-level education.
We are glad to evaluate your case and determine your eligibility for U.S. Non-Immigrant Work H Visas. Call our office at (786)361-2355 or contact us online to set up a consultation so we can help.