The H1B visa allows organizations with a Federal Identification Number/IRS tax number to hire foreign professionals to work in a specialty field for up to six years. Examples of specialties include accountant, computer analyst, engineer, financial analyst, scientist or architect.
Foreign professionals in specialty fields, such as scientists, engineers, programmers, research analysts, management consultants, journalists, accountants, and others with an equivalent to a bachelor’s degree, Foreigners entering the U.S. to offer services in cooperative research and development projects administered by the U.S. Department of Defense, Professional Nurses entering the U.S. to perform complex job duties or supervise nursing operations Distinguished fashion models. U.S. companies to bring in qualified foreign professionals for jobs that require a bachelor's degree and specialized skills
You do not have to maintain a foreign residence or show intent to return to your previous country during application.
Your dependents can stay with you as long as you maintain your H1B status. They can also attend school. You can freely travel in and out of the U.S. provided your employee visa USA remains valid.
To be eligible for sponsoring an h1b filing, the employer must prove that:
To be eligible for an H1B visa, you must demonstrate that you have:
Note: If your position is not listed above, you may want to contact us to determine if the U.S. Citizenship and Immigration Services (USCIS) would consider the position offered to you as a professional position.
The information provided here is applicable to New H1B Visa, H1B Visa Transfer, and H1B Extension. To change the purpose of your visit while you are in the U.S. on an H1B visa, you must change your visa status.
You cannot apply for an H1B visa as an individual. A U.S. employer has to sponsor your H1B visa. To sponsor you, the employer must:
If you are overseas, you must take the H1B approval notice to the American Consulate to obtain the H1B visa. If you are already in the U.S., you can start working for your employer as soon as you receive the H1B approval notice.
Note: If you are currently on H1B status, then you can start working for a new employer upon filing of the new petition.
The Labor Condition Application or Attestation is filed on DOL Form ETA-9035 and is submitted through the DOL iCERT website
An employer with physical disabilities that prevent them from filing electronically may submit a written request to file the LCA by mail. Only upon approval of the written request can an employer use the mail.
An H1B petition is filed on USCIS Form I-129, along with the Form I-129H supplement and the approved Labor Condition Application (LCA) Form ETA-9035 from the U.S. Department of Labor. Your H1B filing documents must include:
You may have your H1B petition adjudicated within 15 calendar days by applying for H1B premium processing.
For an additional fee of US $1,440, the USCIS guarantees a prompt decision on your H1B petition. You will receive either an approval notice, a request for further evidence, a notice of intent to deny the petition, or a notice of investigation for fraud or misrepresentation within 15 calendar days from the date you applied for H1B premium processing. If it fails to respond within 15 calendar days, it will refund the $1,440 fee and continue to process the petition under the expedited process.
To apply for the H1B visa, you must furnish the original or copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). Your visa application must include the following documents:
Under current law, you can be in H1B status for a maximum period of six years at a time. After that time you must remain outside the U.S. for one year before another H1B petition can be approved. However, foreign nationals working on defense department projects may remain in H1B status for ten years.
Note: You can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward lawful permanent resident status without affecting your H1B status.
Spouses and/or unmarried children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for H4 visas.
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