The H-1B visa program is one of the most sought-after employment-based visa options for skilled foreign workers looking to work in the United States. The program is designed for professionals in specialty occupations, and it allows U.S. employers to hire foreign talent in fields like technology, engineering, healthcare, and finance. If you are considering applying for an H-1B visa or hiring a foreign worker under this program, understanding the requirements and application process is important.
Note: Because a new administration has just begun, please note that the information in this blog should always be supplemented with the most recent information available and a consultation with an experienced immigration attorney.
What Is the H-1B Visa Program?
The H-1B visa program enables U.S. employers to employ foreign workers in specialty occupations that require a high degree of theoretical or technical expertise. This visa category is highly competitive, with an annual cap limiting the number of H-1B visas granted each year. The H-1B visa program is often used by companies seeking skilled professionals, particularly in STEM (Science, Technology, Engineering, and Mathematics) fields.
Are There Eligibility Requirements?
To qualify for the H-1B visa program, both the employer and the prospective employee must meet specific criteria:
- Specialty Occupation Requirement: The job must require a bachelor’s degree or higher in a specific field.
- Educational Qualifications: The applicant must hold a relevant degree or have equivalent work experience.
- Employer Sponsorship: A U.S. employer must file a petition on behalf of the employee.
- Labor Condition Application (LCA): The employer must submit an LCA to the Department of Labor to show that they are offering fair wages and working conditions.
What Does the Application Process Look Like?
The H-1B visa application process involves several steps:
- Employer Registration for the H-1B Lottery: Since demand often exceeds supply, applicants must first be selected in a lottery system.
- Labor Condition Application (LCA) Submission: The employer files an LCA with the Department of Labor.
- Filing Form I-129: If selected in the lottery, the employer submits Form I-129, Petition for a Nonimmigrant Worker, to U.S. Citizenship and Immigration Services (USCIS).
- Processing and Approval: USCIS reviews the application and may request additional evidence before approval.
- Visa Stamping and Entry: If approved, the applicant attends a visa interview and, upon approval, will enter the U.S. under H-1B status.
Is There a Cap?
The H-1B visa program has an annual cap of 65,000 visas, with an additional 20,000 reserved for applicants with advanced degrees from U.S. institutions. However, certain employers, such as universities and nonprofit research organizations, are exempt from this cap.
Why Can Working with an Immigration Attorney Help?
Given the complexity of the H-1B visa program, working with an experienced immigration attorney can increase your chances of success. An attorney can assist with:
- Ensuring all documentation and application information is accurate and complete
- Navigating ever-changing legal requirements
- Addressing requests for additional evidence or documentation
- Exploring alternative visa options if necessary
Partner with an Experienced Personal Immigration Attorney at The Law Office of Elizabeth Anu Lawrence
If you or your company are planning to take advantage of the H-1B visa program, choose an experienced firm like the Law Office of Elizabeth Anu Lawrence to give you the help you need. Please give us a call at 443.352.3201. Skype and telephone consultation are both available to clients.