The H-1B work visa is one of the most sought-after types of visas each year. Because there is so much demand for the H-1B visa, there is a cap on how many can be approved each year. Currently, the cap is at 65,000 H-1B nonimmigrant visas per fiscal year. That’s why you need an immigration attorney who understands how to navigate the ever-changing immigration process. The experienced team at Ellen Freeman Immigration Law Group will help you successfully complete the H-1B visa process so you can bring the employees you need to your company.
An H-1B visa is necessary when an employer wants to hire foreign workers for a temporary job in a specialty occupation when qualified Americans can’t be found to fill the position. The person receiving an H-1B visa is only allowed to work for the sponsoring company.
There are a number of benefits related to the H-1B work visa.
To be eligible for an H-1B visa, foreign-born professionals must work in a specialty occupation requiring “theoretical and practical application” of a unique discipline. They must have at least a bachelor’s degree in the discipline applicable to the job. Fields such as IT, medicine, math, engineering, law, accounting and other difficult-to-master occupations are eligible for H-1B work visas. The company wanting to hire a foreign worker is responsible for H-1B visa sponsorship.
To file an H-1B visa application, there are steps that both an employer and a potential employee must take in the H-1B visa process.
The USCIS utilizes a lottery to select which applicants will receive an H-1B work visa. The selection process by the USCIS is entirely random. If an applicant is selected, the USCIS will notify an employer, and the applicant can schedule an interview with the U.S. Embassy or Consulate in their country.
Foreign workers with an H-1B visa status are allowed to stay in the U.S. for up to six years. Initially, the visa is valid for three years and may be extended for another three. After the visa expires, a worker is required to either leave the country, receive an extension of the visa or apply for a different type of visa. If a worker stays after their H-1B visa has expired, they lose their legal status and can be deported.
The fees associated with an H-1B visa can vary depending on the size of the company. The H-1b cost for an employer includes: