The H-1B visa category is designed for professionals in specialty occupations to work in the U.S. on a temporary basis. A specialty occupation requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. The foreign worker must possess the necessary qualifications, such as a bachelor's degree, a foreign equivalent, or an equivalent combination of education and work experience.

Specialty occupations typically include fields such as information technology (IT), finance, accounting, architecture, engineering, mathematics, science, and medicine. Each year, a total of 85,000 H-1B visas are available, with 20,000 visas reserved for workers holding advanced degrees from U.S. institutions.

The H-1B visa is initially granted for a period of up to three years, with the possibility of an extension for a maximum stay of six years. One unique advantage of the H-1B visa is that it is considered a "dual intent" visa, allowing visa holders to apply for a Green Card while in the U.S.

Eligibility Criteria for H-1B Visa

To qualify for the H-1B visa, both the employer and the employee must meet certain eligibility requirements:

For the Employee (Beneficiary):

• Must have a job offer in a specialty occupation.

• Must have at least a bachelor’s degree or its equivalent in the specific specialty occupation. Alternatively, a combination of education and work experience can be considered.

• Must have the necessary license (if applicable) to practice in the specialty occupation in the U.S.

• For certain positions, proof of professional experience equivalent to a degree may be acceptable.

For the Employer:

• Must demonstrate that the job qualifies as a specialty occupation.

• Must pay the worker the prevailing wage for the occupation in the area of employment.

• Must file a Labor Condition Application (LCA) with the U.S. Department of Labor, ensuring that hiring the H-1B worker will not adversely affect the working conditions of U.S. workers.

• Must file an H-1B petition with U.S. Citizenship and Immigration Services (USCIS).

H-1B Visa Process

• Labor Condition Application (LCA): The employer submits an LCA to the Department of Labor, outlining job conditions and wages.

• H-1B Petition Filing: After LCA approval, the employer files Form I-129 (Petition for Nonimmigrant Workers) with USCIS, along with necessary supporting documentation.

• H-1B Lottery (if applicable): Due to the limited number of visas, petitions may be subject to a random selection process.

• Visa Approval: Once approved, the foreign worker can apply for the H-1B visa at a U.S. consulate abroad or change status if already in the U.S.

• H-1B Visa Stamping: The foreign worker attends a visa interview, and if approved, the visa is stamped in the passport.

H-1B Visa Duration

• Initially granted for three years.

• It can be extended up to six years.

• Further extensions beyond six years are available in certain cases, such as if the worker is in the process of obtaining a Green Card.

Dual Intent

The H-1B visa allows for "dual intent," meaning the visa holder can apply for a Green Card while maintaining their H-1B status. This makes the H-1B visa particularly appealing to foreign workers seeking long-term residency in the U.S.

Why Choose Sharma Law Associates for H-1B Visa Services?

Navigating the H-1B visa process can be challenging, with many intricate steps and documentation requirements. At Sharma Law Associates, we assist our clients every step of the way, offering comprehensive services including:

• In-depth consultation on eligibility and visa requirements.

• Assistance in gathering and preparing all necessary documentation.

• Filing of the Labor Condition Application (LCA) and H-1B petition with the Department of Labor and USCIS.

• Preparation and guidance for H-1B visa interviews.

• Ongoing support for visa extensions, Green Card applications, and any challenges faced during the process.

Frequently Asked Questions (FAQs)