H-1B

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The H-1B visa may be an excellent option for those who may receive a job offer to work in the U.S.    

 

As with most nonimmigrant (temporary) visa categories to enter the U.S. for employment, the H-1B visa allows an individual to work for a specific employer (the petitioning sponsor) in the U.S.  Depending on the Beneficiary’s offer, a Petitioner can file for an initial period up to three years.  The visa is extendable up to a maximum period of six years.  The process to immigrate to the U.S. is controlled by an entirely different set of rules and regulations, so this article is limited to information on the H-1B nonimmigrant visa only.
 
The H-1B visa process first requires a Petition (I-129 form) to be filed and approved by the US Citizenship and Immigration Services office in the U.S.  Once approved, the Beneficiary shall apply for the H-1B visa stamp in his/her passport at an American Embassy or Consulate.  Then, the Beneficiary can utilize that visa to enter the U.S. for the stated purposes and period approved by USCIS.  At the time of admission, the Airport Officer "admits" the individual for the approved period, and each time to exit and reenter he/she gains a new I-94 arrival-departure record.
 
The basic requirement for H-1 Petition approval is to show that the job being offered to the Beneficiary is a “specialty occupation” and that he/she holds the requirements for that specialty occupation.  This is generally defined as a job requiring at least a bachelor's degree in a particular field of study.   The employer/sponsor may require much more, but the degree must be a minimum requirement for someone to fill the position.    The Beneficiary must prove that he/she meets this standard either through a U.S. Bachelor’s or greater degree or through the foreign equivalent.  An equivalency certification can be obtained from a Credential Evaluation Agency in the U.S. that reviews all the individual’s education and experience and determines he/she holds the U.S. equivalent of at least a bachelor's degree in a specific field of study through his/her foreign education and degree or/and appropriate work experience in the field.  
 
If a license or other special certification is required by any Federal, State, or local authority to perform the duties specified, the Beneficiary must also prove to have the appropriate license or certification (ex: lawyers, doctors, etc.).  
 

If you have any questions in regards to this visa, please advise this office.