What Is an H-1B Visa?

The H-1B Visa is an employer sponsored temporary visa for college educated foreign workers.

The H-1B Visa is a nonimmigrant visa for temporary, college educated foreign workers in specialty jobs. Such specialty occupations include research and development jobs, scientists, lawyers, engineers, actuaries, financial analysts, architects, doctors and nurses, accountants, computer analysts and programmers, web and graphic designers, and even fashion models. The H-1B Visa is one of the most widely issued temporary visas in the United States.

Requirements

H-1B visa applicants must minimally hold a bachelor's degree. If the degree was earned in another country, it must be equivalent to a U.S. bachelor's degree (which is determined through USCIS guidelines). If the applicant works in an industry or job that also requires special licensing or certification, he must hold a license or certification that is valid in the state in which he'll be working. Workers can't apply for the H-1B visa on their own; it's an employer-sponsored visa, which means that employers must petition on behalf of the worker, who is the beneficiary.

Application

Employers who've offered a job to a foreign worker begin the process by filing Form I-129. This form can't be filed earlier than 6 months before the employer-suggested start date. When Form I-129 is approved, the employer receives and submits Form I-797. Once the USCIS approves Form I-797, it's sent to the beneficiary's local US consulate where the beneficiary fills out paperwork and is interviewed. The beneficiary must provide his passport and a 2 inch square photograph.

Family

Immediate family members, including a spouse and children, can be added to the beneficiary's visa application as secondary beneficiaries. The beneficiary must be able to prove that he can provide for his family while in the United States. On an H-1B visa, this proof is tied to the employer's offer letter. Secondary beneficiaries can't work in the United States, however, a college-educated spouse may be able to secure a job offer and transfer her status from secondary beneficiary on her spouse's H-1B visa to holding her own H-1B visa.

Time Limitations

The initial H-1B visa is issued for three years and can be extended for a maximum of six years. Time begins when the visa holder enters the United States. After the initial three year period, either the same employer or another employer can apply for an extension of a maximum of a further three years. Another important time limit consideration concerns stated start time and the application process. The employer can request a start date that's six months or later than the initial filing date. Requesting an earlier date will likely result in denial of the visa petition.

Caps

The U.S. government puts a cap, or limit, on the number of H-1B visas issued every fiscal year. The regular H-1B cap is 65,000. For workers with master's degrees, there's a master's exemption. The first 20,000 visas issued to master's degree holders aren't subject to the 65,000 annual limit. Some H-1B workers aren't subject to the cap, including those working at colleges or universities, non-profit organizations or governmental research groups.

References

• US Citizenship and Immigration Services: H-1B Specialty Occupations and Fashion Models.
• US Department of State: Temporary Workers.
• US Immigration Support: H-1B Work Visa
• Immihelp: General FAQ for H-1B Visa.