H-1B Visa: Specialty Occupation Work Visa for the United States
The H-1B Visa is a non-immigrant work visa that allows U.S. employers to hire highly skilled foreign professionals in specialty occupations. This visa is commonly used by industries such as technology, engineering, finance, healthcare, and academia, requiring at least a bachelor’s degree or equivalent experience.
The H-1B Visa is employer-sponsored, meaning applicants must first secure a job offer from a U.S. company willing to file the visa petition on their behalf. It is typically granted for up to three years, with the possibility of an extension up to six years.
Why Apply for an H-1B Visa?
- Work Authorization: Legally work in the U.S. for a sponsoring employer.
- Dual Intent Visa: Eligible to apply for a Green Card (Permanent Residency).
- Family Benefits: Spouses and children (under 21) can accompany the visa holder on an H-4 visa.
- Industry Recognition: Highly sought after by global professionals in specialized fields.
- Multiple Employers: Ability to change employers by filing a new H-1B petition.
- Initial & Extended Stay: Valid for 3 years, extendable up to 6 years.
Eligibility Criteria for an H-1B Visa
- To qualify for an H-1B Visa, applicants must:
- Have a valid job offer: From a U.S. employer for a specialty occupation.
- Meet educational requirements: Hold at least a bachelor’s degree (or equivalent work experience).
- Prove specialized skills: Work in a field requiring theoretical and practical expertise.
- Have employer sponsorship: A U.S. company must file an H-1B petition on the applicant’s behalf.
- Not exceed visa caps: Subject to an annual visa lottery due to limited slots (except for cap-exempt employers).
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How to Apply for an H-1B Visa
Secure a Job Offer from a U.S. Employer
Find a U.S. employer willing to sponsor the H-1B Visa.
Employer Files Labor Condition Application (LCA)
- Employer submits Form ETA-9035 to the U.S. Department of Labor (DOL).
- Ensures the wage offered meets the prevailing wage standards.
Employer Submits H-1B Petition (Form I-129)
- Employer files Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS).
- Includes supporting documents such as the LCA approval, job description, and applicant’s qualifications.
- If subject to the H-1B cap, the petition must be selected through the H-1B lottery before proceeding.
USCIS Reviews the Petition
- If approved, the applicant receives Form I-797 (Approval Notice).
- If denied, the employer may file an appeal or reconsideration.
Apply for an H-1B Visa at a U.S. Consulate
- Complete Form DS-160 (Online Nonimmigrant Visa Application).
- Schedule a visa interview at a U.S. embassy or consulate.
- Attend the interview with required documents, including:
- Passport
- H-1B approval notice (Form I-797)
- Job offer letter
- Educational transcripts and certifications
- Visa application fee receipt
Travel to the U.S. & Begin Work
- If the visa is approved, the applicant receives an H-1B visa stamp and can enter the U.S. to start work.
- Employer must ensure compliance with H-1B regulations, including maintaining the job role and salary as per the LCA.