H-1B Visas

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What is an H1-B Visa?

There are several different types of visas a person may apply to gain entry and stay in the United States. One of the most common visas is the H1-B visa. The H1-B visa is granted to individuals employed in specialty professions. H1-B professions are generally professions that require college degrees or significant work experience in the profession. Engineers, accountants, attorneys, doctors, and mathematicians are some of the professions that qualify for an H1-B visa.

The number of H1-B visas granted each year is capped at 65,000 visas each fiscal year, although the first 20,000 visas filed by individuals with master’s degrees or higher are not counted in the cap. Because of the cap on H1-B visas, the timing of the filing of the H1-B visa is critical. The 65,000 caps are often filled very quickly when a new years H1-B visa applications are opened. If you are interested in filing an H1-B visa, a great deal of planning is required.

The H1-B visa is usually granted for a period of 3 years. H1-B is often extended, but generally, do not last longer than six years. Spouses and children of the H-1B applicant can travel to the US with the applicant under the H-4 visa.

How do I qualify for an H1-B Visa?

An H1-B visa is a work visa; therefore, in order for a person to be granted an H1-B visa, they must be sponsored by a US employer or employer with US operations. As part of sponsoring an H1-B applicant, the employer agrees to employ the applicant for the duration of their H1-B visa.

In order for a profession to qualify for the H1-B visa, the profession must:

• A bachelor’s degree or higher as the minimum entry requirement in the profession
• The degree requirement is common, or the job can only be performed by a person with the degree
• The employer normally requires a degree for the position

If a person’s profession qualifies for the H1-B visa, the next step is for the applicant themselves to qualify for an H1-B visa. A person individually qualifies for an H1-B visa if they:

• Have completed a bachelor’s degree or higher that is required for their profession
• Have a foreign degree equivalent to a bachelor’s degree or higher that is required for their profession
• Have a license to practice their profession
• Have education, training or adequate experience in their profession to be successful in their job