What Is an H-1B Visa?
The H-1B specialty workers visa is a foreign citizen visa that allows foreign nationals to enter into the U.S. and perform services in a preplanned professional job. The job must be in a ‘specialty occupation’ and must require a bachelor’s degree as a minimum for entry into the field.
Who qualifies for an H-1B visa?
To qualify for an H-1B visa, you must:
- Be coming temporarily for a period of up to 6 years to the U.S. to earn money or a livelihood working in a professional capacity, and not for pursuing a hobby, for pass time, giving free advice or humanitarian service.
- Have a bachelor’s degree or the equivalent in work experience. The USCIS may accept three years of work experience for each year of missing university education.
- Must have a sponsor employer who is in need to fill a temporary specialty position and willing to sponsor you as a non-immigrant worker to fill that temporary specialty position.
What are the benefits of applying under this visa category?
Your H-1B visa can be valid for up to 6 years and you may extend your status even past the statutory limit under certain conditions. This makes the H-1B visa a perfect stepping stone to obtaining a green card. Also generally there is no limit of H-1B visas that can be obtained in a lifetime.
How can an attorney help in this process?
When compiling documentation for eligibility for H-1B visa petitions, both from the employer’s side and worker’s side, it is not an instinctive process. Even in cases where a petition includes the required documents, papers should be presented in a logical format so that the immigration officer reviewing the case will make a favorable decision.
Additionally, special attention must be used in filing the paperwork by using the proper job title and occupational code, since some occupations, even if a bachelor’s degree is normally required, may still not qualify for H-1B.