“We experienced a significant reduction in the administrative burden and the
elimination of many typical communication hold-ups associated with the traditional
model of providing immigration services.”
Corporate Counsel
Tokyo Electron
An H-1B visa is used for workers in specialty occupations
i.e. professional occupations, as defined below. The employer is known as the Petitioner
and the foreign national is known as the Beneficiary.
What are the Requirements for an H-1B Visa Petition?
How Long is the H-1B Visa
Valid?
What is the H-1B Cap and
How Does it Affect my H-1B Petition?
VISANOW can prepare and submit the H-1B visa petition if the
H-1B Beneficiary is presently in the U.S. in valid status or if the Beneficiary
is outside the U.S.
An H-1B specialty occupation must meet the following three requirements:
- Require theoretical and practical application of a body of highly specialized knowledge;
- Require attainment of a bachelor's or higher degree or its equivalent in the specific
specialty; and,
- Any one or more of the following:
- A bachelor's degree or its equivalent is normally the minimum entry requirement
for the position;
- The degree requirement is common to the industry or, the position is so complex
or unique that the work only can be performed by an individual with a degree;
- The employer normally requires a degree or its equivalent for the position; or,
- The nature of the specific duties is so specialized and complex that the knowledge
required to perform the duties is usually associated with the attainment of a bachelor
or higher degree.
An H-1B Beneficiary must either have a Bachelor’s degree or higher in the specialty
field or its equivalent in work experience (3 years of work experience is equal
to 1 year of education). Additionally, the Beneficiary must have a state license
to practice in the occupation if such is required.
Examples of areas of H-1B specialty occupations are:
- Accounting
- Architecture
- The Arts
- Business Specialties
- Education
- Engineering
- Information Technology
- Law
- Mathematics
- Medicine and Health
- Physical sciences
- Social sciences
- Theology
An H-1B Beneficiary is initially admitted to the U.S. for
up to three years. This 3 year period may be extended for an additional three years
for up to a total of 6 years. Please note that this 6 year limit on H-1B status
can be extended if the Beneficiary has progressed to a certain stage of the green
card process.
VISANOW can also prepare the H-1B extension on behalf of the petitioning employer
and the foreign national Beneficiary.
The current annual cap on the H-1B category is 65,000. There
are an additional 20,000 H-1B visas available for individual with Master’s degrees,
or higher, from U.S. academic institutions.
Each year April 1 represents the first day H-1B petition under the cap will be accepted.
If approved, the H-1B status may begin the beginning of the next fiscal year i.e.
October 1.
The H-1B cap affects only initial H-1B visa petitions. It does not affect individuals
who are currently in H-1B status and are filing a change of employer petition or
an H-1B extension. Those individuals may transfer/extend their status freely without
being subject to the 65,000 cap.