What Are The Requirements For The H1B Visa?

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:

• The minimum of a bachelor’s degree or higher degree or its equivalent; 
• The degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor’s degree in a field related to the position;
• The employer normally requires a degree or its equivalent for the position; or
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

The H1B visa can also be allocated to fashion models of distinguished merit and ability (H-1B3 Visa), or to the person providing service related to the Department of Defense (H-1B2).

In addition to the specialty occupation requirement, the intending H-1B2 must show that a bachelor’s or higher degree, or its equivalent is required to perform duties, and that the cooperative research and development project (or a co-production project) is provided for under a government-to-government agreement administered by the U.S. Department of Defense

The H1B visa is a non-immigrant visa that allows its holder to concurrently file for Legal Permanent Residence (LPR), i.e. green card.