The H-1B visa is a very popular category for foreign nationals who will be employed in the United States in a “specialty occupation,” perform services under a Department of Defense-administered project, or work as a fashion model of distinguished merit and ability. There are a limited number of H-1B visas allocated each federal fiscal year, which runs October 1 to September 30. Specialty Workers will be allowed a maximum initial stay of three years. A request for extension of stay may be granted for up to three years. There is a six year maximum stay on H-1B with a limited exception depending upon your employment based permanent resident status processing.
Immigrants who graduate from university as well as inter-company transfers are just two of the many bases of work visas we handle. Contact us to review your work visa.
The H-1B visa is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker must either apply for and be granted a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the U.S.
The regulations define a “specialty occupation” as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including but not limited to biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum (with the exception of fashion models, who must be “of distinguished merit and ability”). Likewise, the foreign worker must possess at least a bachelor’s degree or its equivalent and state licensure, if required to practice in that field. H-1B work-authorization is strictly limited to employment by the sponsoring employer.
This content is also available in: 简体中文
Get in Touch
Our immigration law experts will get back to you within 1 business day.