We have over 25 years of experience representing  companies that wish to hire foreign national professionals. Our Law Firm will guide your company through the H1b process, track the steps and provide guidance on current and changing H1b requirements and policies.

The H-1B is a temporary (nonimmigrant) visa category that allows employers to petition for educated foreign professionals to work in “specialty occupations” that require at least a bachelor’s degree or the equivalent. Jobs in fields such as mathematics, engineering, technology, and medical sciences often qualify. Typically, the initial duration of an H-1B visa classification is three years, which may be extended for a maximum of six years.

-Before the employer can file a petition with USCIS, the employer must take steps to ensure that hiring the foreign worker will not harm U.S. workers.

Basic H-1B Visa Requirements

 The job must meet one of the following criteria to qualify as a specialty occupation:

  • Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
  • The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
  • The employer normally requires a degree or its equivalent for the position
  • 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

H-1B Cap

There is an annual numerical limitation of 65,000 H-1B visas each fiscal year.  An additional 20,000 H-1B visas are set aside for foreign nationals holding a U.S. master’s degree or higher.

Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are not subject to this numerical cap.

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