H-1B Visa

The H-1B visa is a non-immigrant visa category that allows U.S. companies to employ foreign workers in specialty occupations. These occupations typically require a bachelor’s degree or higher in a specific field. Popular fields for H-1B visas include technology, engineering, finance, architecture, amongst others. Due to high demand, an annual cap is imposed on the number of H-1B visas issued each year. It’s important to note that the visa is employer-sponsored, meaning the foreign worker cannot apply independently.

FAQs

What is the H-1B Visa Eligibility Criteria?

To qualify for an H-1B visa, a foreign worker must have a job offer from a U.S. employer in a specialized occupation that typically requires a bachelor’s degree or higher. The employer must also demonstrate a need for the foreign worker by showing a lack of qualified U.S. workers available for the position.

What is the H-1B Visa Cap?

The H-1B visa has an annual cap to issue only a certain number of visas in each fiscal year. This number includes the regular cap of 65,000 plus an additional 20,000 visas for those with advanced degrees from U.S. institutions.

Can you explain the H-1B lottery and how it works?

When the number of H-1B petitions filed exceeds the cap, USCIS conducts a computer-generated random selection process to determine which petitions will be processed further. This is known as the H-1B lottery.

Can I expedite my H-1B Visa?

To expedite the H-1B visa processing time, USCIS offers premium processing. By submitting Form I-907 along with your H-1B petition (Form I-129), you can expedite the adjudication process.

What happens if my H-1B petition is denied?

If your H-1B petition is denied, you can appeal the decision or file a new petition. It’s advisable to consult with an immigration attorney to understand your options.

Can I travel outside the U.S. on an H-1B Visa?

H-1B visa holders can generally travel outside the United States and re-enter on their valid H-1B status. However, it’s essential to maintain a valid passport, H-1B visa stamp (if required), and I-797 approval notice. It’s advisable to carry these documents when traveling to avoid potential issues upon re-entry.

Can I extend my H-1B Visa?

H-1B visas are initially granted for a period of three years, which can be extended for an additional three years, totaling six years. To extend your H-1B status, your employer must file a new Form I-129 petition with USCIS before the current visa expires.

Can I get a Green Card after holding an H-1B Visa?

The H-1B visa offers a unique advantage: it allows for “dual intent,” meaning you can legally pursue both temporary employment and permanent residency (green card) simultaneously. This pathway enables H-1B holders to explore opportunities for long-term settlement in the United States.

Can my family come to the U.S. on my H-1B Visa?

Your spouse and unmarried children under the age of 21 can accompany you to the United States on H-4 dependent visas. This allows your family to join you during your stay in the country.

What happens if I lose my job while having an H-1B Visa?

If you lose your job while on an H-1B visa, it’s crucial to understand your options. You’ll have a 60-day grace period to find new employment or make arrangements to depart the United States. Alternatively, you may be able to transfer your H-1B to a new employer under specific circumstances. It’s essential to seek legal counsel to navigate this complex situation and protect your immigration status.

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