
Are you an international professional eyeing opportunities in the United States? The H-1B visa program could be your gateway to a rewarding career in various industries. At L for Law, we specialize in immigration law and are here to provide you with a step-by-step guide to navigating the complexities of the H-1B visa process.
Understanding the H-1B Visa:
Introduced in 1990, the H-1B visa program allows U.S. companies to hire skilled foreign workers for specialty occupations. This visa provides talented individuals with the opportunity to live and work in the U.S. for up to three years, with the possibility of extension.
Key Requirements for H-1B Visa Applicants:
To qualify for an H-1B visa, applicants must meet specific criteria, including:
- Holding a bachelor’s degree or higher from a U.S. college or university, or an equivalent qualification from another country.
- Possessing the necessary educational and technical expertise to perform the job specified in the employment offer.
- Meeting any additional requirements outlined by the employer, such as relevant certifications or credentials.
Common occupations eligible for the H-1B visa include engineers, lawyers, healthcare professionals, financial analysts, and more.
Sponsorship and Application Process:
An H-1B visa application requires sponsorship from a U.S.-based employer. Once sponsored, applicants must submit a petition to the U.S. Citizenship and Immigration Services (USCIS). If approved, the applicant can work in the U.S. for three years, with the option to extend their stay.
It’s important to note that changing employers on an H-1B visa requires a transfer process, and USCIS provides a 60-day grace period for job transitions.
Cost and Quota:
There are various fees associated with the H-1B visa application, including registration fees, base filing fees, and additional charges. Employers typically cover these costs on behalf of the applicant.
Additionally, USCIS sets an annual quota of 85,000 H-1B visas, with 20,000 spots reserved for individuals holding advanced degrees from U.S. institutions.
Family Sponsorship and Transition to Green Card:
H-1B visa holders can sponsor their spouses and unmarried children under 21 through the H-4 visa program. However, spouses may face limitations on their ability to work, depending on certain factors.
After completing the maximum six years on an H-1B visa, individuals may pursue a Green Card through employment-based categories. Transitioning to a Green Card involves meeting strict quotas and eligibility requirements.
Stay Informed and Prepared:
Staying informed about the latest updates and changes to the H-1B visa process is crucial for applicants. Recent policy changes, such as increased scrutiny and the possibility of Notices to Appear, highlight the importance of seeking legal guidance when navigating the immigration process.
At L for Law, our experienced immigration attorneys are here to assist you every step of the way. From initial application to Green Card transition, we provide personalized guidance to help you achieve your goals in the United States.
Contact us today to learn more about how we can help you with your H-1B visa journey. Let us be your trusted partner in pursuing your career aspirations in the U.S.