H1B Visa

H1B Visa Guide: Key Things You Need to Know About the H1B Visa

Overview of the H1B Visa

The H1B visa offers foreign professionals a pathway to work in the United States through specialized occupations, provided they have a valid job offer. This visa enables foreign nationals to work in specialty occupations across various fields, including but not limited to:

  • Architecture
  • Engineering
  • Mathematics
  • Physical Sciences
  • Social Sciences
  • Medicine
  • Health
  • Education
  • Business
  • Law
  • Accounting
  • Theology
  • Arts

Eligibility Criteria

To qualify for the H1B visa, applicants must meet the following criteria:

  • Positions requiring a bachelor’s degree or equivalent.
  • Employment can be full-time or part-time.

Visa Availability

  • 65,000 H1B visas are available annually.
  • An additional 20,000 visas are reserved for advanced degree holders from U.S. institutions.

Visa Validity

  • Initial Validity: 3 years.
  • Extensions: Available in 3-year increments, up to a total of 6 years.

Dependent Benefits

  • Spouse and children are eligible for H4 status.
  • Dependents can accompany the H1B visa holder.

Flexibility

  • H1B holders can change employers (meeting specific requirements).
  • Eligible for permanent immigration status as it is classified as a dual intent visa.

Advantages of the H1B Visa

The H1B visa provides numerous advantages, including:

  • Legal Employment: Work in specialty occupations and contribute to the U.S. economy.
  • Dual Intent: Allows the pursuit of permanent residency while maintaining H1B status.
  • Family Accompaniment: Spouse and unmarried children under 21 can apply for H4 status, allowing them to join you in the U.S.

H4 Benefits:

  • Dependents can attend school.
  • Exceptions for work eligibility apply.
  • Dependents must be in the U.S. to join the principal H1B holder.
  • H4 status is revoked if the principal H1B holder is absent abroad.

Key Advantages

  • Highly qualified individuals can work and live in the U.S.
  • The visa benefits both individuals and the U.S. economy.
  • Flexibility in employment and residency options.

Requirements for an H1B Visa

To qualify for an H1B visa, several conditions must be met. An immigration lawyer can help determine eligibility, organize evidence, and navigate complex regulations.

Key Conditions:

  • Job Offer: A bona fide job offer from a U.S. company, with a written contract or oral agreement summary.
  • Employer-Employee Relationship: Valid relationship with employer control, demonstrated through:
    • Tools and instruments supply.
    • Authority to hire, pay, and fire employees.
    • Work evaluation.
    • Employee benefits.
    • Tax information.
  • Specialty Occupation: The position requires theoretical or practical knowledge in a field, demonstrated through:
    • Department of Labor resources (OOH, O*NET, Dictionary of Occupational Titles).
    • Job duties, education, and work experience.
    • Industry standards and salary.
  • Bachelor’s Degree or Equivalent: Required for the position, with possible exceptions through education, training, and experience.
  • Licensure: If required by federal, state, or local law, with exceptions for research, teaching, or supervision.
  • Fees: The employer must pay all relevant fees.

Additional Requirements

  • No labor disputes at the workplace.
  • Random site checks may occur to verify information.
  • Evidence of education, work experience, and licensure (if required).

Exceptions and Considerations

  • Equivalent education and experience may substitute for academic requirements.
  • Credential evaluation may be necessary for foreign degrees.
  • Restricted licenses are valid for one year or until expiration.
  • Healthcare professionals must meet state guidelines.
  • Licensing requirements vary by occupation and state.

If you have any further questions, please don’t hesitate to reach out to us at matif@atiflawfirm.com. We’re here to help!