85,000 H-1B Temporary Visas are made available each year. Unfortunately there are never enough visas to supply all the workers who want them – and once the limit is reached, no more H-1B visa petitions can be approved until the start of the next fiscal year, October 1. USCIS will randomly pick the 85,000 petitions via a lottery system.
Please note: not all 85,000 are freely available. 20,000 are reserved for people with a minimum Master’s level degree from a US academic institution. And of the remaining 65,000 a certain number are earmarked for Chile and Singapore – which both have signed trade agreements with the US allocating H-1B visas to citizens of those countries. Back to H-1B FAQs
Yes. H-1B workers who are employed by or have a job offer from institutes of higher education (and their non-profit affiliates); as well as non-profit research or government organizations. Back to H-1B FAQs
The H1B visa is a nonimmigrant visa granted for an initial 3 years and up to 6 years (with possibility of extensions under specific circumstances) to foreign nationals who will engage in “specialty occupations,” defined as a position that requires one of the following:
For the purposes of an H-1B visa, a ‘specialty occupation’ is a position that requires one of the following:
Yes. When you qualify for an H-1B visa, your spouse and our unmarried children under age 21 can apply for H-4 visas by providing proof of their family relationship to you. Back to H-1B FAQs
Yes. With an H-4 visa they can study in the US. Back to H-1B FAQs
No. They are not authorized to work in the US as an H-4 visa holder. Back to H-1B FAQs
Generally six years. As an H-1B Visa holder, you may be admitted for a period of up to three years. This can be extended for another three years. After that time, you must remain outside of the United States for one year before another H-1B visa petition can be approved. (Certain H-1B visa holders working on Defense Department projects may remain in H-1B status for 10 years.)
However, if you have a labor certification (PERM) or I-140 Petition for Immigrant Worker pending for over 365 days, you may obtain a one year extension beyond the six year limit until a decision is made on your PERM or I-140 Petition. Additionally, if your I-140 Petition has already been approved but your priority date is not yet current (immigrant visa is not available to you), you may apply for a three-year extension of your H-1B status. Back to H-1B FAQs
Yes. Even though it is a Non-immigrant visa, the H-1B is a ‘dual-intent visa’. This means that the visa holder can have legal immigration intent (apply for and obtain a green card) without affecting their H-1B status. You can get a green card through family or employer sponsorship. Our Immigration Law Firm in Orlando can provide advice and assistance every step of the way and help you settle into your new life in the United States. Back to H-1B FAQs
The visa process is initiated by the employer of the future H1B visa holder, who will have to file for a Labor Condition Application (LCA) with the Department of Labor (except for future H-1B engaging work for Department of Defense), before applying for the H1B Visa on behalf of the future employee.
In order to obtain this Labor Condition Application, the employer must prove that the future employee will be paid no less than the wage paid to similarly qualified workers, and that this employee will be provided working conditions that will not adversely affect other similarly employed workers... Read MoreBack to H-1B FAQs
The H-1B visa processing time varies because all cases are different. Your employer can submit the Labor Condition Application up to six months before you plan to start work and H-1B petitions are normally approved within two to five months. In most cases, the H-1B petition may not be filed before April 1st, for a start-date of employment of October 1st. Back to H-1B FAQs
Yes, it is possible to speed up the process for an H-1B visa. For $1225 over and above the standard filing fees, USCIS promises “premium processing” of the visa petition, including action on your case within 15 calendar days. Back to H-1B FAQs
Yes. You may travel in and out of the US or remain continuously until your H-1B status expires. Back to H-1B FAQs