U.S. Visa Options

H-1B Work Visa for International Professionals

Foreign workers in specialty occupations may be allowed entry into the U.S. under the H-1B visa / status classification. The H-1B visa can be granted for up to three (3) years initially and then extended for another three (3) years. The maximum amount of time that you may stay in the U.S. with the H-1B visa is six (6) years.

Requirements and Regulations

In order to obtain an H-1B visa, foreign nationals must have the equivalent of a U.S. Bachelor’s degree in a field related to their occupation. They must be working in a specialty occupation and have all the necessary training for that occupation. A foreign national can hold the equivalent of a U.S. Bachelor’s degree in a related field through education in North America or abroad, or through a combination of education and experience. Foreign degrees will have to be evaluated by a US professional evaluation service prior to submitting the H-1B petition.

In order for a company to sponsor a foreign worker for an H-1B visa, they must agree to pay the foreign national the prevailing wage and to provide proper notice to its work force. They must also offer the foreign national a job which normally requires a bachelor’s degree as a minimum for entry into that occupation. Any occupations that do not require a bachelor’s degree are not eligible for an H-1B visa.

As of 2006, a numerical cap was placed on the H-1B visa which allows for 65,000 visas each fiscal year, not including applicants for non-profit organizations or those holding a Master’s or higher degree. H-1B visas are issued on a world global quota basis on the 1st of October every year and employers may file their applications six (6) months prior – in April – to be sure that they are included in the numerical cap.

Benefits

Unlike the TN visa, the H-1B visa recognizes dual intent. This means that foreign nationals who receive an H-1B visa to enter the United States on a temporary basis may still show intent to immigrate to the United States. If an employer wishes to keep the foreign worker for permanent employment, they can petition the government and the worker will then be allowed to apply for U.S. permanent residence (green card). Foreign workers with an H-1B visa who wish to remain in the U.S. and continue working for more than six (6) years but do not apply for permanent residence (green card) are required to leave the U.S. and wait one (1) year before they can reapply for another H-1B visa. Dependents of H-1B visa holders (spouse and children) may accompany the worker to the U.S. and stay in the country for as long as the H-1B visa is valid. However, these dependents will not be allowed to work unless they apply for and obtain the proper work authorization. Dependent children under age 21 may attend school in the U.S.

The process of obtaining an H-1B visa is not an easy one. Hiring an immigration lawyer or licensed immigration consultant is a good way to prevent delays and errors on your application. We help both the employer and the worker to evaluate your individual situation and provide you with all the information and assistance you need to obtain the H-1B visa. We will also assist those who wish to remain in the U.S. to obtain permanent residence (green card). Call our office today for answers to any of your H-1B visa and/or U.S. immigration questions.