Employment Visa – Non-immigrant visa: H-1B

Non-immigrant visa under the Immigration and Nationality Act, H-1B visa is for foreign professionals who want to work in the US for a temporary period. They are eligible for the visa only when US employers hire qualified foreign workers to work for them. To acquire H-1B, a US employer and a foreign professional have to work together and meet the United States Citizenship and Immigration Services (USCIS) conditions and regulation for the visa.

There is a limited number of H-1B visas each year. The H-1B cap allows 65,000 visas annually. In some cases, some applicants are exempted from the cap. It happens when the application is one of the first 20,000 filed petitions. Apart from that, the cap is not applicable when a foreign worker is employed by a higher educational institute in the US.

During the approval process, USCIS considers several things- including an applicant’s knowledge, bachelor’s or equivalent degree, nature of the duties, and the sponsoring employer.

H-1B Visa Requirements

From requirements related to the job applied to the education of an applicant, there are multiple requirements to fulfill.

  • The offered job in the US must be specialty occupation requiring a higher education or at least a bachelor’s degree.
  • The degree provided by the applicant must be from an accredited university or college.
  • The Department of Labor and USCIS ensure that employment of the foreign professional is not going to affect the working conditions in the US.
  • An employer is not authorized to give employment to a foreign professional until USCIS approves the application.
  • It is necessary for US employers to ensure that they have sufficient funds to pay the hired foreign professionals.

Get In Touch With Experienced Immigration Attorney

In addition to paperwork, there are certain requirements that petitioners must meet while applying for a H-1B visa. Hiring a H-1B visa lawyer can assist you in following all the USCIS regulations. We have an experienced immigration law team who can provide you with the guidance to fill the visa application and other necessary paperwork in the proper/required manner and eliminate possible errors.