H1B visa is a classification that allows a foreign national to work in the United States for a temporary period (6 Years) with options to renew. It is generally available for a specialty occupation. An H1B status holder is allowed to work for a maximum of 6 years and it can be issued in increments of up to 3 years by USCIS. In certain circumstances, the employee may receive extensions of the H1B status beyond the allotted 6 years, if he/she is in the process of applying for employment-based permanent residence or known as green card. There is a quota of 85,000 H1B visas that are available each fiscal year. Out of these 85,000 visas, 20,000 of these visas are restricted to applicants who have higher learning education like a master's and above from U.S colleges or universities. This is often referred to as the H1B cap.
- The H1B employee for the specialty occupation has to have a bachelor's degree or equivalent experience.
- Employers of the H1B petition must first obtain a labor condition application (LCA) from the U.S. Department of Labor before they are eligible to file the H1B petition with the USCIS.
- The numerical limitation of the H1B cap does not apply to employees who have previously received an H1B visa or have been granted H1B status.
- Employees on H1B status may transfer to a different employer by leveraging the portability provisions of the American Competitiveness in the Twenty-First Century Act (AC21).
- Family members of the H1B employee which include minor child or children are authorized to live in the United States on an H-4 status and to study but are not permitted to work in the U.S.
How We Can Help You
SanSha Law Office can help in preparing H1B petitions across a variety of different verticals and industries. We work with clients in the demanding IT consulting field, where USCIS has stricter requirements on H1B petitions. We are available to always provide the best advice to both employers and employees on options.
For additional information please call us at (469) 777-6161 for your initial consultation, or if you prefer to use the Contact Us form, we will be more than happy to follow up with you. You can also click on the schedule An Appointment link on the page to schedule a meeting with us based on your convenience