Check the fundamental aspects of the H-1B visa


Foreign professionals who intend to work in the US need to know about the H-1B visa. The H-1B visa is meant for specialty occupations, and the applicant must have a bachelor’s degree or high from a recognized institution along with a job offer from a US employer. If someone has 12 years (or more) of specialized knowledge in their field, they can still qualify for the H-1B visa. To know your circumstances and eligibility, click here to talk to an attorney.

Requirements for obtaining an H-1B visa

There are two specific requirements for obtaining an H-1B visa. Firstly, the US employer must show that they required someone for a specialty job but failed to find and recruit a US citizen for the job, and secondly, the foreign national has the required degree in a subject related to the role. The employer must also file an attestation confirming that the applicant will get the prevailing wage with the Department of Labor. For the applicant, it is important to have a valid job offer from a qualified US employer.

Common professionals who qualify for an H-1B visa

The H-1B visa is available for numerous professions, including IT experts, data analysts, programmers, tech experts, specialists in electronics and communication, doctors, lawyers, designers, writers, industrial designers, and investment professionals. Other foreign professionals who qualify for the H-1B visa include teachers, dieticians, professors, social workers, and marketing experts.  

Cap on H-1B visas

Every year, only a certain number of H-1B visas are issued. People who have a master’s degree or high in their field are likely to have an advantage. The process works through a lottery system to determine the applications that will be approved. Please note that H-1B visas are issued without the statutory cap.

The process

The first step is for the US employer to submit a Labor Condition Application (LCA) with the Department of Labor. They must also file a petition with the USCIS, which can take many months. There is an option for premium processing with the USCIS. The process requires careful documentation, and it is best for employers and applicants to work with professional immigration lawyers to understand the steps. Keep in mind that any mistake in the process can delay the application process, and there are tight deadlines that require immediate attention.

If you want to get foreign nationals to work for your company in the US, ensure that you keep a check on the USCIS website for details. Don’t forget to talk to immigration experts to ease the work.