The H1B visa allows a foreign national to work in the United States for a temporary period. It is available to individuals who are in a specialty occupation (medical professionals, engineers, IT). A person may hold H1B status for a maximum period of six years, and it may be issued in increments of up to three years. An employee may extend his H1B status beyond six years he is in the process of applying for employment-based green card. The number of H1B visas is 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.
H1b Visa Eligibility
- For a specialty occupation H1B petition, the employee must have a bachelor’s degree or the 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 currently 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/ren of an H1B employee are authorized to live in the United States in H-4 status, and to study, but are not permitted to work.
How We Can Help You with Your H1B Application
Law Offices of Jakub Szlaga, PLC is skilled in preparing H1B petitions involving a wide variety of industries and professions. We are available to consult with both employers and employees to discuss their options and responsibilities.