Apply for an H-1B Visa | Change Employers | Extend Your H-1B
The H-1B process is set to get a complete makeover, but we’ve got your back.
Overview
An H-1B allows U.S. employers to temporarily hire foreign workers in specialty occupations. A "specialty occupation" is defined as one that requires theoretical and practical application of highly specialized knowledge in a field such as: biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts. It further requires a minimum educational level of a bachelor's degree or equivalent.
To get an H-1B visa, there must be a job offer and an employer who is willing to sponsor a person by filing a petition with the U.S. Citizenship & Immigration Service (“USCIS”). The H-1B work visa requires a sponsoring U.S. employer; the sponsor must file a labor condition application with the Department of Labor. The H-1B employer must then file an I-129 petition with the USCIS. A person may hold H-1B status for a maximum of six years, and it may be issued in increments of up to three years by the USCIS. An employee may receive extensions of H-1B status beyond six years in certain circumstances, if s/he is in the process of applying for a green card.
To get an H-1B visa, there must be a job offer and an employer who is willing to sponsor a person by filing a petition with the U.S. Citizenship & Immigration Service (“USCIS”). The H-1B work visa requires a sponsoring U.S. employer; the sponsor must file a labor condition application with the Department of Labor. The H-1B employer must then file an I-129 petition with the USCIS. A person may hold H-1B status for a maximum of six years, and it may be issued in increments of up to three years by the USCIS. An employee may receive extensions of H-1B status beyond six years in certain circumstances, if s/he is in the process of applying for a green card.
H-1B Application Process
Work together with your new legal team to make the most of the H1-B process.
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Complete our H-1B Questionnaire (Duration: 1-3 Mins)
Complete our H-1B Questionnaire in just a few minutes.
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Our Team Reviews Your Answers and Reaches Out
Our Visa Team reviews the form you submit and reaches out to you within 24 hours.
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We Discuss the Process with You and Connect You with the Attorney
Once we are retained, we’ll go over the process with you, answer any questions you might have and connect you to our attorney.
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Our Attorney Will Discuss What You Need to Provide and Prepares the Application
Your new, expert attorney will go over any information you need to provide for each applicant and prepare the H-1B application for you.
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Once the Legal Work is Done, You Receive Completed Forms to be Signed
Once the legal work is done, we will send you the completed forms for your signature.
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You Sign The Forms and Send Them. We'll Review and Submit the Application
You print the completed forms, sign them and mail them to our office, who will do one final review and then mail the application to USCIS directly.
Why Us?
H-1B Resources
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H-1B Visa Frequently Asked Questions
A list of frequently asked questions to help you understand more about how the H-1B Visa works.
1. What Is the H-1B Visa?
The H-1B specialty workers visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. and perform services in a prearranged professional job. The job must be in a ‘specialty occupation’ and must require a bachelor’s degree as a minimum for entry into the field.
2. What Is "Specialty Occupation"?
A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent.
Note: Architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations. ‘cap gap’ rules that apply to F-1 students whose H-1B petition was filed before their OPT expired.
3. How Does Someone Qualify for an H-1B Visa?
To qualify for an H-1B visa, you must:
- Demonstrate that you have the ability to work in the specialty occupation that requires the theoretical and practical application of a body of highly specialized knowledge
- Be coming to the U.S. to earn money or a livelihood working in a professional capacity, and not for pursuing a hobby, for pass time, giving free advice or humanitarian service
- Seek temporary entry into the U.S.
- Have a bachelor’s degree or the equivalent in work experience. The USCIS may accept three years of work experience for each year of missing university education. This may be considered the equivalent of a four-year bachelor’s degree
4. What is the validity period of an H-1B Visa?
Generally H-1B visa is granted for three years. It may then be extended for up to an additional three years.
For further extension, the H-1B professional must remain outside the U.S. for at least one year before becoming eligible for another H-1B visa. If the professional acquires permanent residency (Green Card) he/she need not remain outside the country for one year. Certain foreign nationals working on Defense Department projects may remain in H-1B status for 10 years.
There are limited extensions allowed beyond the six maximum for certain foreign national who have permanent residence applications pending.
5. Can I bring dependents on an H-1B Visa?
Yes, you may bring your dependents on H-1B visa. Your spouse and unmarried children under 21 years old are entitled to an H-4 visa and they can stay as long as you maintain valid H-1B status. However, they may not accept employment, but may attend school in the U.S.
6. How do I apply for an H-1B Visa?
An individual may not apply for H-1B visa. H-1B status requires a sponsoring U.S. employer. A U.S. employer has to file the H-1B petition to employ a foreign professional.
If you are an employer, looking to file H-1B Visas on behalf of potential employees. Reach out to us here to see how we can help you.
7. What is the processing time for an H-1B Visa?
The H-1B processing time varies because all cases are different. Generally, it takes between three to six months to process an H-1B visa. You must wait at least two weeks after you send in your application for a receipt notice from the USCIS and another two weeks before you call the USCIS to check the status.
8. Which companies can apply for a US H-1B Visa?
Any US employer can sponsor an H-1B petition, provided it has an IRS Tax Number, also known as an IRS Number or Tax ID Number. This number is needed for obtaining approval of the Labor Condition Application (LCA), which is an essential preliminary to the H-1B petition itself.
9. What is the "H-1B Cap"?
The H-1B Cap is the annual limit or quota on the number of new H-1B petitions that can be approved in any fiscal year.
The H-1B filing season begins April 1st each year, enabling employers to petition for foreign nationals to come and start work in the U.S. in H-1B status on October 1st of the same calendar year.
Current immigration law allows for a total of 85,000 new H-1B visas to be made available each government fiscal year. This number includes 65,000 new H-1B visas available for overseas workers in specialty (professional) level occupations with at least a bachelors degree, with an additional 20,000 visas available for those specialty workers with an advanced degree from a US academic institution.
What is premium processing of an H-1B petition?
Through the USCIS Premium Processing Service, U.S. employers may pay a $1,410 fee for expedited processing of their H-1B’s. This service guarantees that within 15 days USCIS will issue either an approval notice, a notice of intent to deny, a request for evidence or a notice of investigation for fraud or misrepresentation.