The H-1B visa is primarily available for workers coming temporarily to the United States to perform services in a specialty occupation. A specialty occupation requires the attainment of a bachelor’s or higher degree (or its equivalent) in the specific specialty for entry into the occupation. An alien seeking to work in a specialty occupation must have completed such a degree or have experience in the specialty equivalent to the completion of the degree and expertise in the specialty through progressively responsible positions relating to the specialty.
A petition by a U.S. employer is required for H-1B visa. The Employer is expected to certify through Labor Condition Application that the Employee will be paid a salary similar to U.S. workers, that the employment of the alien will not adversely affect the previously employed employees and that there is no strike or lockout at the place of employment.
Except for the cap-exempt applications, H-1B applications are subject to annual cap of 65,000 in addition to 20,000 H-1B’s allocated to the applicants who holds Master’s Degree granted by a U.S. graduate school.
Dependents of H-1B visa holders may apply for H-4 Visa, which allows the dependent to stay in the U.S. with the H-1B visa holder.
Our highly experienced lawyers can help you with the preparation of your visa application in the US or overseas in the U.S. Consulates. Once you get in touch with our lawyers, you will have a peace of mind as our lawyers review all options available to your case and diligently prepare your application.