H-1B Visa: Temporary Workers in Specialty Occupations
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What is an H-1B Visa?
The H-1B visa is a non-immigrant work visa that allows U.S. companies to employ foreign workers in specialty occupations requiring theoretical or technical expertise.
The H-1B visa classification permits foreign nationals to work in the United States temporarily in specialty occupations .
This visa is ideal for professionals in fields such as IT, engineering, healthcare, and more, enabling them to work in the U.S. for a specified period, often with the potential for extension and sponsorship for permanent residency.
An H-1B is initially granted for up to three years, with a maximum duration of six years, as authorized by USCIS.
How do you qualify for an H-1B Visa?
Education
The employee must hold at least a bachelor’s degree or the equivalent experience.
Specialty Occupation
The job must require at least a bachelor’s degree or its equivalent in a specific field.
CAP Selection
There was a 28.73% selection rate for the fiscal year 2025 CAP selection. USCIS selected 135,137 beneficiaries for the H-1B lottery.
Register for the CAP
Prospective petitioners seeking to file H-1B cap-subject petitions, including for beneficiaries eligible for the advanced degree exemption, must first electronically register and pay the associated H-1B registration fee for each prospective beneficiary. The employer must obtain a labor condition application (LCA) from the U.S. Department of Labor before filing the H1B petition with the USCIS.
Let our experienced immigration attorneys guide you through the H-1B visa process.
Labor Certification Application (LCA)
The employer must file an LCA with the Department of Labor, ensuring that wages and working conditions meet standards.
Spouse and minor children of an H-1B visa holder
The spouse and minor children of an H1B employee are permitted to reside in the United States under H-4 status and may pursue education. If the principal H1B worker is being sponsored for lawful permanent residency (i.e., a “green card”,) the spouse may also become eligible to work.
Frequently Asked Questions
An eligible H-1B worker can change employers as soon as the new employer’s nonfrivolous H-1B petition is properly filed with USCIS.
USCIS will not revoke a Form I-140 petition approval solely due to the termination of the petitioner’s business or the employer’s withdrawal, as long as the petition has been approved for at least 180 days or the associated adjustment of status application has been pending for at least 180 days, and the petition approval is not revoked on other grounds. In this scenario, the H-1B worker will retain their priority date.
In general, you may change to H-1B nonimmigrant status without departing the United States. An employer who files an H-1B petition on your behalf can request a change of status on the Form I-129, Petition for a Nonimmigrant Worker.
A specialty occupation typically requires a bachelor’s degree or higher in a specific field. Examples include positions in IT, engineering, mathematics, healthcare, and finance.
The H-1B visa is initially valid for up to three years and can be extended for a maximum of six years. In some cases, further extensions may be possible if a permanent residency application is pending.
Yes, your spouse and unmarried children under 21 can apply for H-4 dependent visas to accompany you. H-4 visa holders can study in the U.S. and, under certain conditions, may also work.
If denied, you may have the option to appeal the decision or reapply. Understanding the reasons for denial is crucial for addressing issues in future applications.
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