H-1B Worker Visa

H-1B Visa Overview

H-1B is a work permit, also known as an employment based non-immigrant visa which would allow a person (beneficiary) with skills in a specialty occupation to work in the United States for a US employer (petitioner) temporarily.

Only a US based employer (petitioner or employer) can petition for an H1B visa to bring a foreign worker (beneficiary or H-1B worker) to work on an H-1B.

H-1B petition is initially approved by USCIS, and an H-1B visa is then granted by the US Consulate abroad, located in worker’s home country.

H-1B petition will be approved initially for a maximum of (3) three years, although it can be extended for a period of (6) six years initially, by filing an H-1B extension after the first three year-term. Further 1-year and 3-year extensions are available under AC21, for a worker who’s Labor Certification (PERM), or I-140 (Greencard petition) has been filed and is pending.

H-1B Visa Cap and Cap-Exempt Quota

H-1B petitions are either subject to “H-1B Cap” or “H-1B Cap-Exempt”.

H-1B Visa Eligibility Criteria

The following eligibility criteria are considered for approval by USCIS:

• Bachelors degree (four years) or equivalency to a US Bachelors by way of degree evaluation and past work experience.
• Job position should require theoretical and practical application of a body of highly specialized knowledge and/or professional licenses. The job should demand duties which are complex enough to require attainment of a bachelors degree or higher.
• Specialty occupations usually include, but are not limited to, computer systems analysts and programmers, physicians, professors, engineers, and accountants.
• The wages paid to the beneficiary should be equal or higher than the “prevailing wages” prescribed in the Labor Condition Application (“LCA”) which would have to be filed by the employer prior to filing for the H-1B petition. LCA is very specific about the “job location” and the “occupation” which ultimately determines the prevailing wage of the job location in the US.