The H-1B Visa is a temporary non-immigrant work visa that allows U.S employers to temporarily employ and sponsor foreign workers in specialty occupations, and it also applies to fashion models and Department of Defense cooperative research and development project workers, this visa route was created under the Immigration and Nationality Act, Section 101 (a)(15)(H) and launched in 1990, it is intended to help American firms deal with labor shortages in fields that demand specialized skills.
Applicants who wish to apply for a work permit in the U.S must find an employer who is willing to sponsor their petition to the United States Citizenship and Immigration Services, and their occupation must require theoretical and practical application of a body of specialized knowledge and must at least have a bachelor degree or its equivalent.
There are 3 major requirements that applicants must meet in order to apply for this visa route:
Each year, the United States Citizenship and Immigration Services sets a cap for applications to be received through the H-1B Visa program, the typical cap is 65,000 applications per year, however, applicants with a U.S Masters degree or higher are subject to a different cap of 20,000 applications per year.
This Visa allows the temporary workers to stay in the U.S for 3 years, and it can be extended for an additional 3 years, and it cannot go beyond the total of 6 years except in exceptional cases. The Spouse and unmarried children under 21 years of age may also seek admission to the U.S under the H4 nonimmigrant classification
There are 3 stages which applicants must go through to obtain their H-1B Visa.
The first stage: Employers must submit a Labor Condition Application to the Department of Labor for certification, which is an application that employers must file to obtain the work authorization for the foreign worker.
The 2nd stage: The employer in this stage submits the completed form I-129, petition for a non-immigrant worker, with the correct USCIS service center along with the certified Labor Condition Application
The 3rd Stage: Prospective Workers Outside the United States Apply for Visa once the Form I-129 petition has been approved, the prospective H-1B worker who is outside the United States may apply with the U.S. Department of State at a U.S. embassy or consulate abroad for an H-1B visa, and afterwards apply to U.S. Customs and Border Protection for admission to the United States in H-1B classification.
This visa route can be pathway for the U.S permanent residency and Citizenship and it is one of the reasons how the U.S firms attract the best talent in the world, through the Employment-based Visa routes, one of the Employment-based programs which we offer is the EB-5 Investor Program.