H-1B visas: an overview

The H-1B visa is one of the most popular nonimmigrant visas. Generally, the H-1B visa allows an alien to come to the United States and work on a temporary basis. The alien can only be employed in a specialty occupation. Additionally, the nonimmigrant alien cannot actually apply for an H-1B visa on his own. Instead, a United States business must complete the H-1B application and submit it on behalf of the alien.

To be eligible for an H-1B visa, an alien must meet the following requirements:

Requirements for an H-1B visa:

• A United States employer must file an H-1B application for the nonimmigrant alien
• The employment must be in a "specialty occupation."
  • A specialty occupation is a job that requires theoretical and practical application of specialized knowledge, along with at least a bachelor's degree or the equivalent.
    • For example, jobs in engineering, information technology, accounting, and healthcare can all be specialty occupations.
• The nonimmigrant alien must hold at least a bachelor’s degree from a U.S. college or an equivalent foreign degree.
  • In some cases, several years of work experience may substitute for a degree
• The yearly "cap" for H-1B visas must not have been reached yet.
  • Each year, there are approximately 65,000 H-1B visas available.

How an H-1B visa is filed:

First, the employer must first determine if an alien qualifies for H-1B status. If the alien does, the employer will file a Labor Conditions Application (LCA). Second, the H-1B petition is filed with USCIS. The petition must show that the alien is entering the United States for the purpose of temporary employment with the employer. The petition must include supporting documents such as degrees or academic grades, or other documents that demonstrate the alien's qualifications. USCIS will then either grant or deny the petition.

Keep in mind that USCIS can take over six months to process an H-1B petition. Currently, an applicant may pay for premium processing, an extra $1,000.00 fee, and have a decision made on the petition within fifteen days.

The experienced and skilled immigration attorneys at Shihab and Associates are prepared to assist you in obtaining an H-1B visa. We have assisted Fortune 500 corporations, large universities, small businesses, and individuals with all of their H-1B visa issues. No matter what your issue, Shihab and Associates is ready to guide you through the process. To set up an initial consultation please contact us.