An H1B is a United States work visa for professionals (scientists, engineers etc) from all over the world. The H1B visa allows employers in the US to employ foreign workers in specialty occupations (theoretical or technical).
An H1B visa is a ‘dual intent’ visa which allows you to pursue and apply for a green card - legal permanent residency.
An H1B is valid up to six years (initial approval of 3 years, extended up to 3 more) and can entitle you to bring your children and spouse to the US (under H-4 category for the same duration).
How does an H1B work?
There are certain eligibility requirements for a H1B Visa, one of the following must be met:
- Have a US bachelor’s or higher degree required by a specific specialty occupation from an accredited higher education institution.
- Hold a foreign degree that is US equivalent to a bachelor’s or higher degree.
- Hold a unrestricted state license, registration or certification which fully authorizes you to practice the specialty occupation
There is a H1B ‘Cap’ which determines when to file a H1B
Annual cap of 65,000 new H1B visas per year and an additional 20,000 are available for workers who have a master’s degree or higher from a US institution or higher education.
Timing is important. The new issues H1Bs are available for use on October 1st, the start of the fiscal year. Employers may file for a new H1B starting April 1st,.
H1B is specific to the petitioning employer. In case of changing employers, the new employer must file a H1B on their own as long as the foreign national holds a valid H1B status when the new employer files the I-129H petition.
Basic required documentation for a H1B, make sure to have the following:
- An H1B Sponsorship job offer from a US Sponsor Company, College diplomas (Associate, Bachelor, Master, Ph.D), Certificate/diploma of training courses, Evidence of license or professional membership (if applicable).
- An employer letter explaining the job opportunity, the foreign national's qualifications to perform the job and the employer's signature.
- The employer needs to sign a form I-129, H classification supplement, and the H1B data supplement and filling fee exemption supplement.
- The ETA 9035 Form where the employer shows that the H1B candidate will be paid a wage that is higher than the prevailing wage (listed US Dept. of Labor website).
Please contact us, (+1) 480-626-0641, if you are planning on coming to the United States on a H1-B Visa. Our friendly and personable attorneys have many years of experience and will be happy to assist you through this process.