By: vadmin / December 19, 2023

What is an H-1B visa?

H-1B visa is a non-immigrant visa that allows United States employers to temporarily employ workers from foreign countries. The work that the foreign worker is limited to what are called ‘specialty occupations.’ These are occupations that require highly specialized knowledge in a field of study. These fields of study can include and are not limited to engineering, applied mathematics, medicine,
health, law, education, any business specialties, biotechnology, chemistry, physics, architecture etc.

What are the eligibility requirements?

The eligibility requirements are straightforward. One must have a minimum of the United States four-year degree or the equivalent of it. The individual must be paid what is called a ‘prevailing wage.’ And the job he or she will be doing in the United States should meet the requirements of a minimum four-year university degree or the equivalent of it

I have a H-4 dependent spouse, can he/she work?

Starting May 26, 2015 your H-4 dependent spouse can start applying for employment authorization with which he or she can start working. The Department of Homeland Security has extended eligibility to H-4 dependent spouses of H-1B non-immigrant visa holders. You can find out more in our article ’10 updates on H-4 employment authorization.’

Is there a limit to the H1-B visa?

While this is a hot topic in the immigration policy area, the current limit on H-1B visas is 65,000. This is a cap set by the United States Congress and can only be changed by passing the immigration reform bill. The law on this cap also exempts 20,000 foreign nationals holding a master’s degree or higher from U.S. universities from the H-1B cap.

What does it mean to have a dual intent with the H-1B?

To have a dual intent with the H-1B means to have the intent to apply for and obtain a green card (adjust status) while still being a visa holder. Usually it is imperative and very important to know that when one is on a non-immigrant visa, they have intent to be a non-immigrant. If circumstances change and intent to become an immigrant is formed, there is a process to prove that this intent to immigrate was not formed prior to obtaining a non-immigrant visa. The reason for this is to make sure that the United States immigration laws are not taken for granted. It’s important to speak to an immigration attorney to work through this process.

What is the application process for a H-1B visa?

The application process is for getting a H-1B visa happens in various stages. First, it is important to make sure that the United States employer has filed for a labor certification application (LCA) from the United States Department of Labor (DOL). This LCA is a process that works to grant the employee certain rights like making relevant attestations, prevailing wages and working conditions are properly met by all U.S. laws. The United States recognizes that foreign workers are important and that all the employment rights granted to United States employees are also granted to foreign workers who equally contribute to the United States economy.

Once the LCA is approved, the employer files for a I-129 petition for nonimmigrant worker. This stage requires certain documentation and fees to make sure that the employee meets the H-1B classification.

After the LCA is approved and the I-129 petition is approved, the worker will begin the process of coming to the United States and start working. There are certain limitations about leaving and re-entering the United States. Proper admission into the country at the U.S. ports is important. Any complications arising prior to the start of the work date should be discussed with the immigration attorney handling
your case.

How long can I stay with a H-1B visa in the United States?

The duration of the H-1B visa is three years and is extendable to six years.

How do I transition from a H-1B visa to a green card holder (lawful permanent
resident)?

To begin petitioning for lawful permanent residence status, the process begins with an I-140 petition which can concurrently be filed with a I-485 adjustment of status and I-765 work and I-131 advance parole travel permits. Speak with the law offices of Varun Luthra, your United States and Ohio/Maryland immigration attorney who specializes in the business immigration law area.