H-1B Visa Guide
If you are not a native of the United States and wish to work in the country, it is likely that you will need a visa. There are many categories of visas for temporary workers, but today we will talk specifically about the H-1B visa and how you can get one.
What is the H-1B visa for?
The H-1B, a nonimmigrant visa, is a type of U.S. work permit designed for those who perform work that involve a high level of skill and/or knowledge, that is, work in a specialty occupation or as a fashion model of distinguished merit and ability. Unlike other work permits, the H-1B doesn’t depend on the individual’s nationality or prior work experience.
Are there different types of the H-1B visa?
There are three types of H-1B visa: The H-1B for specialty occupations; The H-1B2 for Department Of Defense Researcher and Development Project Workers; And the H-1B3 for fashion models.
Who can apply for the H-1B visa?
Each type of visa has a different set of eligibility requirements.
For the H-1B visa, the applicant must meet the following criteria:
- The applicant’s occupation must require a theoretical and practical application of a body of highly specialized knowledge;
- Hold a U.S. bachelor’s or higher degree in that specialty occupation or hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree from an accredited college or university;
- Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment;
- Have education, specialized training, and/or progressively responsible experience that is equivalent to the completion of a U.S. bachelor’s or higher degree in the specialty occupation;
- Have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
For the H-1B2 visa, the applicant must meet the following criteria:
- Have a verification letter from the DOD project manager for the particular project stating that the beneficiary will be working on a cooperative research and development project or a co production project under a reciprocal Government-to-Government agreement administered by DOD;
- Hold a U.S. bachelor’s or higher degree in that specialty occupation or hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree from an accredited college or university;
- Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment;
- Have education, specialized training, and/or progressively responsible experience that is equivalent to the completion of a U.S. bachelor’s or higher degree in the specialty occupation.
For the H-1B2 application, your petition must also be accompanied by a general description of your duties on the project, the dates of your employment on the project and a statement with data of the noncitizens of the U.S. currently employed or that were employed within the past year on that project.
For the H-1B3 visa, the applicant must meet the following criteria:
- Be a fashion model of prominence;
- Be a fashion model of distinguished merit and ability.
How long can I stay in the United States on an H-1B visa?
The H-1B visa is valid for three years. After this period, you can return to your home country or you can request for an extension, which, if approved, will last up to an additional three years. Generally, the H-1B visa cannot exceed the period of 6 years.
Can I bring my family on an H-1B visa?
Yes, you can bring your family, as long as they are immediate family members. This includes spouses and unmarried children under 21 years old. They have the right to seek admission through the H-4 visa.
What are the requirements to apply for the H-1B visa for immediate family members?
To apply as a dependent, it is mandatory to demonstrate a relationship with the H-1B visa holder, which includes documents like birth and marriage certificates. Your dependents are going to be able to stay with you during the length of your stay and they will have the right to pursue educational programs or work.
It is important to highlight that with this visa only certain dependent spouses are allowed to work. For the Employment Authorization, they must file Form I-765, after the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident status. The children are solely permitted to attend school, college, university, or other educational programs.
Are there any travel restrictions?
No, there aren’t any travel restrictions on the H-1B visa. You may travel in and out of the United States as many times as necessary during the period of validity of your visa, either for personal or for professional interests.
How do I apply for an H-1B visa?
If you are outside the United States, you must apply through a U.S. Embassy. In that case, you should (generally) observe the following steps:
- File form DS-160 electronically.
- Pay application fees.
- Schedule a visa interview.
- Organize required documents.
- Attend the interview.
Regardless of your circumstance, it is beneficial to have the assistance of an Immigration Attorney to guide you through your process. If you want to learn more, please click here.
How long does it take to receive an H-1B visa?
The processing time of a visa request may vary depending on your circumstance, lasting up to six months. If you don’t have time to wait, there is also the premium processing option, which allows USCIS to process your application in 15 days.
Can I apply for a Green Card through an H-1B visa?
The H-1B visa is a visa of dual-intent. That means that, although the H-1B is in a nonimmigrant visa category, it isn’t a condition of this visa to prove your intention of returning to your national country after the visa’s expiration date (nonimmigrant intent).
H-1B visa applicants may have both nonimmigrant intent (to return to your national country) and immigrant intent (to apply for permanent residency). Whenever the visa is of dual-intent you have the option to submit paperwork for a green card.
If you are interested in applying for a permanent residency and want to better understand what steps you should take, please feel free to contact us. Our office will make sure that you receive the best and most personalized consultation available, from anywhere in the world.
If you are interested in learning more, please click here.
The information provided on this post does not, and is not intended to, constitute legal advice. All information and content available on this website is for general informational purposes only. Information on this website may not constitute the most up-to-date legal information. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this website or any of the links or resources contained within the website or post does not create an attorney-client relationship between the reader, user, browser, website authors, and contributors.
Lovely just what I was searching for.Thanks to the author for taking his clock time on this one.
Great – I should definitely pronounce, impressed with your site. I had no trouble navigating through all tabs as well as related information ended up being truly easy to do to access. I recently found what I hoped for before you know it in the least. Reasonably unusual. Is likely to appreciate it for those who add forums or anything, web site theme . a tones way for your customer to communicate. Excellent task.
You made some nice points there. I did a search on the subject and found most persons will approve with your blog.
We are glad to know, thanks!
Hello there, You have done an excellent job. I will definitely digg it and personally suggest to my friends. I am confident they will be benefited from this site.
Excellent read, I just passed this onto a colleague who was doing a little research on that.
Everything is very open with a clear clarification of the issues. It was truly informative. Your website is very useful. Thanks for sharing!
you have a great blog here! would you like to make some invite posts on my blog?
Thank you for the auspicious writeup. It in fact was a amusement account it. Look advanced to far added agreeable from you! By the way, how could we communicate?
Hello! 🙂
You can send an e-mail to: info@immigrant.law
Heya i am for the first time here. I found this board and I find It really useful & it helped me out much. I hope to give something back and help others like you aided me.
Admiring the time and energy you put into your site and detailed information you provide. It’s nice to come across a blog every once in a while that isn’t the same out of date rehashed material. Great read! I’ve bookmarked your site and I’m adding your RSS feeds to my Google account.
My spouse and i got very glad that Edward could complete his basic research from your precious recommendations he grabbed when using the blog. It is now and again perplexing to just happen to be making a gift of concepts which usually most people have been making money from. So we consider we need you to be grateful to because of that. These explanations you’ve made, the easy blog menu, the friendships you will make it possible to instill – it is everything astonishing, and it’s really letting our son in addition to us understand this subject matter is enjoyable, which is certainly extraordinarily mandatory. Thank you for the whole lot!
We’re a gaggle of volunteers and starting a new scheme in our community. Your site offered us with valuable info to work on. You have performed an impressive task and our entire group will probably be grateful to you.
I’m extremely impressed along with your writing abilities and also with the format on your weblog. Is this a paid subject matter or did you modify it your self? Anyway stay up the excellent quality writing, it’s uncommon to peer a nice blog like this one these days..
Utterly written subject matter, regards for information. “Life is God’s novel. Let him write it.” by Isaac Bashevis Singer.
All roads lead to Rome.
I have to thank you for this article
You really helped me by writing this article. I like the subject too.
Thanks for posting. I really enjoyed reading it, especially because it addressed my problem. It helped me a lot and I hope it will help others too.
Thank you for writing this article!
Please provide me with additional details on that. I need to learn more about it.
Contact us: info@immigrant.law
Please provide me with additional details on the matter
Contact us: info@immigrant.law
Thank you for posting such a wonderful article. It helped me a lot and I adore the topic.
Thank you for writing this post. I like the subject too.
May I request more information on the matter?
Contact us: info@immigrant.law
You’ve been great to me. Thank you!
You’ve been a great aid to me. You’re welcome!
Thank you for writing about this topic. It helped me a lot and I hope it can help others too.
Thanks for the help
You’ve been really helpful to me. Thank you!
May I request more information on the matter?
Contact us: info@immigrant.law
Well I sincerely enjoyed studying it. This subject offered by you is very useful for proper planning.
It’s in reality a nice and useful piece of information. I’m satisfied that you just shared this useful info with us. Please keep us up to date like this. Thank you for sharing.
Hello very cool site!! Guy .. Excellent .. Amazing .. I will bookmark your website and take the feeds additionally…I am happy to seek out numerous helpful info here in the publish, we need develop more strategies in this regard, thanks for sharing.
What’s Happening i am new to this, I stumbled upon this I’ve discovered It absolutely helpful and it has helped me out loads. I am hoping to give a contribution & aid different users like its helped me. Good job.
Fantastic web site. Plenty of useful info here. I’m sending it to several friends ans also sharing in delicious. And obviously, thanks for your effort!
Youre so cool! I dont suppose Ive read something like this before. So good to search out someone with some original thoughts on this subject. realy thank you for starting this up. this website is something that’s needed on the web, someone with a bit originality. helpful job for bringing something new to the web!
Thanks for the help
Thanks for your help and for posting this article. It’s been great.
The articles you write help me a lot and I like the topic
Thanks for your help and for posting this article. It’s been great.
Aw, this was a really nice post. In thought I wish to put in writing like this additionally – taking time and precise effort to make an excellent article… however what can I say… I procrastinate alot and certainly not seem to get one thing done.
Hello my loved one! I want to say that this article is amazing, nice written and come with almost all important infos. I would like to peer more posts like this .
Just wanna remark on few general things, The website pattern is perfect, the written content is really wonderful : D.
Great write-up, I am normal visitor of one’s blog, maintain up the excellent operate, and It’s going to be a regular visitor for a long time.
Can I simply say what a reduction to find someone who truly knows what theyre speaking about on the internet. You definitely know how you can carry a problem to mild and make it important. Extra folks have to learn this and understand this facet of the story. I cant imagine youre no more widespread since you positively have the gift.
I don’t even know the way I finished up right here, however I assumed this submit was once good. I do not realize who you might be however certainly you are going to a well-known blogger if you happen to aren’t already 😉 Cheers!
I would like to thnkx for the efforts you have put in writing this blog. I am hoping the same high-grade blog post from you in the upcoming as well. In fact your creative writing abilities has inspired me to get my own blog now. Really the blogging is spreading its wings quickly. Your write up is a good example of it.
I gotta favorite this internet site it seems very helpful very helpful
I like this blog very much, Its a rattling nice post to read and find information.
The articles you write help me a lot and I like the topic
Thank you for your excellent articles. Would you be able to help me out?
contact us: info@immigrant.law
This is the right blog for anyone who wants to find out about this topic. You realize so much its almost hard to argue with you (not that I actually would want…HaHa). You definitely put a new spin on a topic thats been written about for years. Great stuff, just great!
I really enjoyed reading your post, especially because it addressed my issue. It helped me a lot and I hope it can help others too.
You’ve been a great aid to me. You’re welcome!
Thank you for posting this. I really enjoyed reading it, especially because it addressed my question. It helped me a lot and I hope it will help others too.
Thank you for posting this. I really enjoyed reading it, especially because it addressed my question. It helped me a lot and I hope it will help others too.
It’s really a nice and helpful piece of information. I am glad that you shared this useful info with us. Please keep us up to date like this. Thanks for sharing.
Hello there, You have performed an excellent job. I’ll definitely digg it and in my opinion recommend to my friends. I am sure they will be benefited from this website.
I am constantly thought about this, thankyou for putting up.
Please tell me more about this. May I ask you a question?
contact us: info@immigrant.law
I must say you’ve been a big help to me. Thanks!
Thank you for your excellent articles. Would you be able to help me out?
contact us: info@immigrant.law
May I have information on the topic of your article?
contact us: info@immigrant.law
You’ve been really helpful to me. Thank you!
Thanks for posting. I really enjoyed reading it, especially because it addressed my problem. It helped me a lot and I hope it will help others too.
Thanks for posting. I really enjoyed reading it, especially because it addressed my issue. It helped me a lot and I hope it will help others too.
May I have further information on the topic?
contact us: info@immigrant.law
Thank you for writing about this topic. Your post really helped me and I hope it can help others too.
How can I learn more about it?
contact us: info@immigrant.law
Thanks for your help and for posting this. It’s been wonderful.
Thanks for your help and for writing this post. It’s been great.
Thanks for sharing superb informations. Your site is very cool. I am impressed by the details that you have on this blog. It reveals how nicely you perceive this subject. Bookmarked this website page, will come back for more articles. You, my pal, ROCK! I found simply the information I already searched everywhere and just couldn’t come across. What a perfect web site.
Nice post. I learn something more challenging on different blogs everyday. It will always be stimulating to read content from other writers and practice a little something from their store. I’d prefer to use some with the content on my blog whether you don’t mind. Natually I’ll give you a link on your web blog. Thanks for sharing.
I’ve to say you’ve been really helpful to me. Thank you!
Thank you for your excellent articles. Would you be able to help me out?
contact us: info@immigrant.law
Thanks for writing this article. It helped me a lot and I love the subject.
I really appreciate your help
Thanks for your help and for posting this. It’s been great.
Dear can you please write more on this? Your posts are always helpful to me. Thank you!
That’s what i mean when i say that content is the king!
Dude these articles are amazing. They helped me a lot.
Thank you for your post. I liked reading it because it addressed my issue. It helped me a lot and I hope it will help others too.
Wow, superb blog layout! How long have you been blogging for? you make blogging look easy. The overall look of your web site is magnificent, as well as the content!
very nice publish, i actually love this web site, carry on it
Valuable information. Lucky me I found your web site by accident, and I am shocked why this accident didn’t happened earlier! I bookmarked it.
I am not real excellent with English but I get hold this very leisurely to interpret.