H1B Visa Information

What is an H1B Visa?

The H1B visa is a non-immigrant work visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. These are typically positions that require specialized knowledge and a bachelor's degree or higher in the specific specialty, or its equivalent.

• It's valid for up to 3 years, extendable to 6 years
• It's a dual intent visa, meaning holders can pursue permanent residency
• There's an annual cap of 65,000 visas, with an additional 20,000 for advanced degree holders

Who Needs an H1B Visa?

The H1B visa is typically needed by:

• Foreign professionals in specialty occupations such as IT, engineering, mathematics, science, and medicine
• Fashion models of distinguished merit and ability
• Foreign nationals working on Department of Defense cooperative research and development projects

Employers seeking to hire foreign talent in these fields often sponsor H1B visas to bring skilled workers to the United States.

How to Obtain an H1B Visa

The process of obtaining an H1B visa involves several steps:

1. Find an employer willing to sponsor your H1B visa
2. The employer files a Labor Condition Application (LCA) with the Department of Labor
3. Once the LCA is certified, the employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS
4. If the petition is approved and you're outside the U.S., apply for the H1B visa at a U.S. embassy or consulate
5. If already in the U.S., you may be eligible to change your status without leaving the country

Note: Due to high demand, H1B visas are typically subject to an annual lottery system.

What is a Labor Condition Application (LCA)?

A Labor Condition Application (LCA) is a critical component of the H1B visa process:

• It's a document filed by the employer with the Department of Labor
• It attests that the employer will pay the H1B worker the required wage
• It confirms that employing the H1B worker won't adversely affect U.S. workers' working conditions
• It verifies that there is no strike or lockout at the place of employment

The LCA must be certified before an employer can submit the H1B petition to USCIS. It helps ensure that H1B workers are treated fairly and that their employment doesn't negatively impact U.S. workers.

Important Considerations

• H1B visas are employer-specific; changing jobs usually requires a new H1B petition
• Spouses and unmarried children under 21 may be eligible for H4 dependent visas
• Some H1B holders may be eligible for visa extensions beyond the 6-year limit under certain circumstances