An H-1B is a nonimmigrant visa which allows U.S. employers to temporarily hire foreign workers in specialty occupations. A “specialty occupation” is defined as one that requires theoretical and practical application of highly specialized knowledge in a field such as: biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts. It further requires a minimum educational level of a bachelor’s degree or equivalent. Similarly, if a license is required to practice in the worker’s particular field then the worker must also obtain the required state license.
To obtain an H-1B visa, there must be a job offer and an employer who is willing to sponsor a person by filing a petition with the U.S. Citizenship & Immigration Service (“USCIS”). The H-1B work visa requires a sponsoring U.S. employer; the sponsor must file a labor condition application with the Department of Labor. The H-1B employer must then file an I-129 petition with the USCIS. A person may hold H-1B status for a maximum of six years, and it may be issued in increments of up to three years by the USCIS.
If your company is looking for an immigration attorney to assist with the H-1B process then head to. Our legal platform has experienced immigration attorneys available to help you from start to finish. We offer free consultations and no obligation price quotes. Hope this helps.