The H-1B visa provides an opportunity for foreign professionals to work in the United States. It allows employers to hire qualified foreign workers in the U.S. in specialty occupations on a temporary basis. The foreign professional has the possibility to obtain a U.S. position based on his/her acquired skills.
The H-1B visa requirements ensure that the U.S. employer and foreign professional complies with the Department of Labor standards. A major part of this compliance is filing for a Labor Condition Application (LCA).
The H-1B visa is designed to help American employers to hire international talent in specialty occupations. Companies can bring foreign workers with at least a bachelor's degree or equivalent to work in the U.S. Although the H-1B visa is a temporary visa, holders have the future option to obtain a green card giving US US Permanent Residency.
H-1B is a great immigration pathway for individuals who are well-educated and have a job offer from a U.S. employer. Historically, these occupations have been in engineering, medicine, technology, and other fields that require advanced skills.
H-1B has many specific legal requirements for applicants:
Position Requirements
- The job offered must be filed as a “specialty occupation.” A specialty occupation requires a bachelor's degree or an advanced level of education certification.
- Examples of qualified positions are engineers, professors, researchers, medical, accountants, attorneys, and architects.
Education Requirements
- The bachelor's or advanced degree must originate from an accredited university or college. The degree is required to relate to the H-1B specialty position. If the degree was obtained outside the United States, it must be equivalent to an available U.S. degree.
- Work experience is not a prerequisite if the applicant holds a bachelor's degree. Education. Work experience can be substituted for education. The general rule for the amount of accepted work experience: 1 year required of University = 3 years of work experience.
Department of Labor and USCIS Requirements
Obtaining the H-1B requires the employer to submit an I-129 form to the USCIS once the DOL certifies the LCA
U.S. Employer Requirements
- Have the funds necessary to pay the foreign professional
- Obtain a prevailing wage determination showing the average wage paid to US employees in similar fields
- Provide an official job offer. An official job offer signifies that documented evidence can be presented to show a true business need.
H-1B Cap
Every fiscal year, the H-1B visa is limited by annual cap of 65,000 visas. However, there are some applicants that are exempt from the cap.
Beneficiaries with a U.S. master's degree or higher are exempt from the cap if their applications are filed for the first 20,000 petitions available. If the H-1B worker is employed by an institute of higher education, the applicant is not subject to the H-1B cap. Nonprofit entities, nonprofit research, and government research organizations are also exempt from the H-1B cap.
The spouse and unmarried children of the H-1B visa holder have the option of admission through an H-4 visa. However, holders of the H-4 visa are not authorized to work in the United States.
Contact Immigration INTL Law for a free 30-minute consultation to start the application process for your H-1B visa.
1. What is the H-1B visa, and who is it for?
The H-1B visa is a temporary visa that allows U.S. employers to hire foreign professionals in specialty occupations, such as engineering, medicine, technology, and accounting. Applicants must hold at least a bachelor’s degree or equivalent experience related to the job they are hired for.
2. What are the key requirements for obtaining an H-1B visa?
To qualify for an H-1B visa:
- The position must be a “specialty occupation” requiring a bachelor’s degree or higher.
- The applicant must have a related degree from an accredited institution or equivalent work experience.
- The U.S. employer must file a Labor Condition Application (LCA) and meet Department of Labor and USCIS requirements, such as paying a prevailing wage.
3. What is the H-1B cap, and who is exempt from it?
The H-1B visa is capped at 65,000 visas per fiscal year, with an additional 20,000 visas for applicants with a U.S. master’s degree or higher. Exemptions apply for:
- Employees of higher education institutions.
- Workers at nonprofit and government research organizations.
4. Can H-1B visa holders bring their family to the U.S.?
Yes, H-1B visa holders can bring their spouse and unmarried children under 21 to the U.S. through the H-4 visa. However, H-4 visa holders are not authorized to work in the U.S., unless they qualify for certain work authorization programs.
5. Can an H-1B visa lead to permanent residency (a green card)?
Yes, H-1B visa holders can pursue permanent residency (green card) while working in the U.S. The H-1B visa is often used as a pathway for well-educated professionals to transition to long-term U.S. residence through employer sponsorship.