Categories
The H-1B visa primarily caters to jobs that require: (1) specialized knowledge and expertise, and (2) a bachelor's degree or higher in a specific field of study.
Requirements
To be eligible for an H-1B visa, applicants must: have the necessary credentials to perform the job duties, possess at least a bachelor's degree or its equivalent in the relevant field, and have a job offer from a U.S. employer for a position that qualifies as a specialty occupation.
Application Process
1. Labor Condition Application (LCA): The U.S. employer must first submit an LCA to the Department of Labor, affirming that they will pay the prevailing wage and meet other requirements. 2. Petition Filing: The employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS, including evidence of the applicant's qualifications and the specialty nature of the job. 3. Visa Application: Once the petition is approved, the applicant can apply for the H-1B visa at a U.S. consulate or embassy in their home country. The H-1B visa is typically granted for up to three years, with the possibility of extensions, not exceeding six years in total.
Family Members
Spouses and children under 21 of H-1B visa holders may accompany them under the H-4 visa category. H-4 visa holders can live in the U.S. and may apply for employment authorization under certain conditions, allowing them to work.