H-1B Visa Immigration Lawyer

An H-1B Visa permits a foreign national to enter the United States to perform a “specialty occupation.” Basic requirements for an H-1B Petition:
  • The H-1B beneficiary’s proffered position must be a “specialty occupation,” which may be satisfied by any of the following options (in accordance with 8 CFR § 214.2(h)(4)(iii)(A)):
  1. A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
  2. The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
  3. The employer normally requires a degree or its equivalent for the position; or
  4. The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
  • In addition, the H-1B beneficiary must have one of the following credentials:
  1. Holds a U.S. bachelor’s degree, or higher, in the required specific specialty, or a foreign equivalent;
  2. Holds a valid and unrestricted state license, registration, or certification that allows the individual to fully practice the specialty occupation in the state of employment; or
  3. Has education, specialized training, or experience that is equivalent to a U.S. bachelor’s degree in the required specific specialty (three years of training/experience is equivalent to one year of education—i.e., if the individual has three years of collegiate education in the specific specialty, he or she would need three years of specialized training/experience to make up for the fact that they lack one year of education).
H-1B Cap:
  • The U.S. government will only issue 65,000 H-1B Visas per calendar year;
  • The first 20,000 petitions for individuals with master’s degrees are exempt from the cap;
  • USCIS should begin accepting H-1B Petitions on April 1, 2019, for the fiscal year 2020.
  Duration of status for H-1B Visas:
  • The maximum initial stay for an H-1B visa holder is 3 years;
  • Extensions of status may be granted;
  • An individual may only be in H-1B status for 6 years in total.
  Family members of H-1B Visa holders:
  • Spouses and unmarried children who are under 21 years of age may accompany the principal visa holder;
  • Presently, spouses of H-1B Visa holders are only permitted to obtain work authorization in limited circumstances.
Our Immigration Lawyers boast an outstanding approval rating in cases filed. We provide high-quality legal services by prioritizing our client’s individual needs, their schedule, and personal integrity. This content was written on behalf of Greg Prosmushkin.