• The H1B visa classification permits a foreign national to work in the United States for a temporary period. It is available for offers of employment that are in a specialty occupation.
• H1B visas are numerically limited, with a total of 85,000 visas available each fiscal year which includes 20,000 individuals who have received master’s degrees or higher from U.S colleges or universities. An employee who has previously received an H1B visa, or been granted H1B status is generally exempt from the numerical limitations.
• A person may hold H1B status for a maximum of six years, and it may be issued in increments of up to three years by the USCIS. Extensions of H1B status beyond six years in possible if he or she is in the process of applying for employment-based permanent residence.
• An employee who is presently employed in H1B status may utilize the portability provisions of the American Competitiveness in the Twenty-First Century Act (AC21) to transition their H1B to a different employer.
• The spouse and minor child/ren of an H1B employee are authorized to live in the United States in H-4 status, and to study, but are not permitted to work.
• For a specialty occupation H1B petition, the employee must have a four years bachelor’s degree or the equivalent experience.
• The employer for an H1B petition must obtain a labor condition application (LCA) from the U.S. Department of Labor before filing the H1B petition with the USCIS.
We Can Help You
• We are available to consult with both employers and employees to discuss their options and responsibilities.
• For initial, extension, or recapture time, we will prepare H1B petitions.
• We can provide representation and assistance in connection with H 1B visa applications at U.S. consulates.