H-1B Visas for Temporary Workers in Specialty Occupations.
Pathway to U.S. Permanent Residency for High Level Occupations
The H-1B Visa program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent such as computer scientists, engineers, healthcare professionals, and university professors. The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States.
Current laws limit the annual number of qualifying foreign workers who may be issued a visa or otherwise be provided H-1B status to 65,000 with an additional 20,000 under the H-1B advanced degree exemption. For additional information regarding the H-1B cap, cap qualifications and H-1B petitions.
The H-1B1 Visa program provides for the temporary employment of nonimmigrant aliens in specialty occupations from Chile and Singapore, limited to 1,400 nationals of Chile and 5,400 nationals of Singapore. The H-1B1 program is governed by many of the rules that apply to the H-1B program. The period of employment is ONE YEAR. Extensions may be obtained twice but only in one year increments. Further extensions can be obtained only with the filing of a new Labor Condition Application. There are 2 distinct differences between H-1B and H-1B1 programs:
- No dual intent allowed.
- Initial stay of 1 year, renewable indefinitely.
Here’s a comprehensive explanation of the H-1B & H-1B1 Visa process:
Who is Eligible for a H-1B Visa?
Key Features of the H-1B Visa
The H-1B visa is a nonimmigrant visa that allows U.S. employers to hire foreign workers in specialty occupations. Some key features of the H-1B visa include:
You can legally work in the United States.
The H1B allows foreign nationals to perform specialty occupations in the United States. This allows highly qualified individuals to work and live in the US. This benefits both the beneficiaries and the US economy.
You can simultaneously pursue permanent resident status.
The H-1B is a nonimmigrant visa. However, unlike the B, H2B, H3 and J1 visas, you only need to show “temporary entry.” As opposed to showing nonimmigrant intent. You must prove you will depart following the termination of H-1B status. Although, you are not required to maintain a residence abroad. This means that while you are in H-1B status, you can apply for benefits that could lead to a green card - without harming your visa.
Your dependents can come to the US with you.
Your spouse and dependent children (who are under 21 and unmarried) are eligible for H4 status. This means they can come to the United States with you. Those with H4 status may attend school, but are ineligible to work (subject to certain exceptions). Additionally, those with H4 status must be in the United States to join the principal worker. H4 status will be revoked if the visa holders are in the US while the principal H1B holder is usually absent abroad.
H1B visas have portability.
One big advantage of H-1B visa is the portability benefits. This means that if you are on an H-1B and change employers, you can begin working for a different employer upon filing your new petition.
Eligibility Requirements
To qualify for a H-1B visa, applicants must meet the following requirements:
- A job offer in a specialty occupation.
- Proof of qualifications (bachelor’s degree or equivalent experience).
- Employer sponsorship, including filing a Labor Condition Application (LCA) with the Department of Labor.
Eligibility Requirements for H-1B1
To qualify for a H-1B1 visa, applicants must meet the following requirements:
- Must be a resident of either Chile or Singapore.
- A job offer in a specialty occupation.
- Proof of qualifications (bachelor’s degree or equivalent experience).
- Employer sponsorship, including filing a Labor Condition Application (LCA) with the Department of Labor.
How to Apply for the H-1B Visa
STEP 1: Have an Employer Initiate the Application Process on Your Behalf
STEP 1: Have an Employer Initiate the Application Process on Your Behalf
STEP 1: Have an Employer Initiate the Application Process on Your Behalf
- Apply and gain acceptance to a U.S.-based program sponsored by a designated exchange visitor program sponsor.
STEP 2: Complete Form DS-160 (Online Nonimmigrant Visa Application)
STEP 1: Have an Employer Initiate the Application Process on Your Behalf
STEP 1: Have an Employer Initiate the Application Process on Your Behalf
- Complete the DS-160 form and pay the visa application fee of $185.
STEP 3: Pay the application fees
STEP 1: Have an Employer Initiate the Application Process on Your Behalf
STEP 4: Schedule an Interview at a U.S. Consulate
- USCIS Filing: $460
- USCIS Fraud Prevention: $500
- USCIS Premium Processing: $2,805
- I-539 Dependents: $470 paper filing
STEP 4: Schedule an Interview at a U.S. Consulate
STEP 4: Schedule an Interview at a U.S. Consulate
STEP 4: Schedule an Interview at a U.S. Consulate
- Schedule an interview at the U.S. embassy or consulate in your home country.
STEP 5: Attend Your Interview
STEP 4: Schedule an Interview at a U.S. Consulate
STEP 5: Attend Your Interview
Bring the following documents to your interview:
- Valid passport
- I-797 Approval Notice
- Copies of biographical and stamped pages of your passport
- Copy of your current I-94 Form
- Copy of your employment authorization card (if applicable)
- Copy of your current visa
Why Pursue the H-1B Visa?
Obtain Residency to Work in the U.S.
The H-1B visa is sought after by skilled foreign workers looking to work in the United States in "specialty occupations" that require a bachelor's degree or higher, as it allows them to gain valuable work experience in the US, access competitive salaries, and potentially transition to a permanent residency path, particularly if their skills are in high demand within the American job market; however, it's important to note that the process is highly competitive due to the limited number of visas available each year.
The H-1B visa is a good option for people who want to:
- Access to high-paying jobs: H-1B visas are typically used for professional roles in fields like technology, engineering, science, and healthcare, which often come with higher salaries compared to other visa categories.
- Work in the US market: The H-1B allows individuals to gain valuable experience in the US job market and potentially build a network for future career advancement.
- Potential pathway to permanent residency: After working on an H-1B visa for a certain period, individuals may be eligible to apply for a green card (permanent residency) through employment-based immigration.
- Portability between employers: H-1B holders can switch jobs without having to go through a new petition process, offering flexibility in the workplace.
- Opportunity for career growth: Working in a US company can provide access to advanced training, professional development opportunities, and exposure to new technologies.
Additional Information on H-1B Visas
Considerations When Pursuing an H-1B Visa
- Highly competitive process: Due to a limited number of visas available each year, there is a lottery system, which means even qualified applicants may not be selected.
- Employer sponsorship required: To apply for an H-1B visa, a US employer must sponsor the applicant.
- Strict eligibility requirements: Applicants must have a bachelor's degree or equivalent in a related field and demonstrate that their job falls under a "specialty occupation".
- Temporary status: The H-1B visa is a temporary work visa, meaning it may need to be renewed periodically.
Duration
- Initially granted for 3 years, extendable up to a total of 6 years.
Annual Cap
- 65,000 visas annually, with an additional 20,000 reserved for applicants with a master’s degree or higher from a U.S. institution.
Dual Intent
- Allows the applicant to apply for permanent residency (green card).
The H-1B Visa offers diverse opportunities for cultural and professional exchange. If you have further questions or need assistance with your application, feel free to ask!
Ready to begin your H-1B Visa Journey?
Let the Experts at New Path Group Services Help Through the Process
If you’re unsure about which visa option may be right for you and your partner, or you just want to discuss your immigration plans in more detail, reach out to our team today. Our experienced team of visa specialists can walk you through the specifics of each visa path, and help you choose the best route based on your needs.