H-1B – Professionals
The H-1B visa is a common pathway for foreign professionals to work in the United States. This visa is granted for an initial three-year period and afterwards can be extended for an additional three years.
Our firm has a strong track record of successfully navigating the H-1B process, having prepared numerous applications for initial visas, employer changes, extensions, and amendments for both individuals and businesses. Our clients span a wide range of fields, including medicine (doctors), academia (post-doctorate students, scientists), business (businessmen, marketing researchers), technology (IT professionals like computer programmers, system analysts, software engineers, and database administrators), design (graphic designers), engineering (mechanical, chemical), healthcare, and even start-up ventures.
It's important to note that there's a yearly limit on the number of H-1B visas issued. The current annual cap is 65,000, with an additional 20,000 visas reserved for those with advanced degrees from U.S. institutions.
Frequently Asked Questions about H-1B Visas
H-1B Visa Requirements:
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Employers must apply for the H-1B visa on behalf of the foreign national.
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The employer is legally obligated to pay the prevailing wage for the position.
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The visa is typically granted to individuals in "professional" roles, which the USCIS defines as requiring a bachelor's degree or equivalent experience.
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The job itself must qualify as a "specialty occupation,
H-1B Visa Limitations:
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While H-1B status is temporary, intending to stay only temporarily is not strictly required. Visa holders can pursue permanent residency later.
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However, if permanent residency is not sought or the application is denied, the individual must return to their home country at the end of their authorized employment.
H-1B Visa Quota System:
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The USCIS releases a limited number of H-1B visas each fiscal year, starting October 1st.
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For Fiscal Year 2009 (October 1, 2008 to September 30, 2009), the quota was 65,000, with an additional 20,000 visas available for individuals with U.S. Master's degrees, bringing the total potential to 85,000.
H-1B Visa Processing Time:
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Processing times for H-1B visas vary depending on individual cases, but generally range from three to six months.
Specialty Occupation Definition:
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A "specialty occupation" is defined as requiring theoretical and practical knowledge in a highly specialized field. Examples include architecture, engineering, mathematics, sciences, medicine, education, law, accounting, business, theology, and the arts. A bachelor's degree or its equivalent is the minimum requirement.
H-1B Status vs. H-1B Visa:
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An H-1B visa is issued by a U.S. embassy or consulate abroad, allowing entry into the U.S.
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H-1B status is granted by the USCIS to foreign nationals already in the U.S. or upon entry with an H-1B visa, permitting them to stay legally.
New "Displacement" or "No Lay-off" Attestation Rule:
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H-1B dependent employers face two new attestations:
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They must confirm they have not laid off and will not lay off a U.S. worker in their employ within 90 days before and after filing the H-1B petition.
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They must confirm they will not place the H-1B worker at another employer's worksite where the H-1B worker performs duties, unless they have inquired and have no knowledge that the other employer has displaced or intends to displace a U.S. worker.
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