H-1B Employment-Based Visa

H-1B Employment-Based Visa: Specialty Occupations

The H-1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. It is widely sought after by professionals in fields such as IT, finance, engineering, and science.

Categories:

The H-1B visa primarily caters to jobs that require:

  • A bachelor’s degree or higher in a specific field of study.
  • Specialized knowledge and expertise.

Requirements:

To be eligible for an H-1B visa, applicants must:

  • Have a job offer from a U.S. employer for a position that qualifies as a specialty occupation.
  • Possess at least a bachelor’s degree or its equivalent in the relevant field.
  • Have the necessary credentials to perform the job duties.

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 the U.S. Citizenship and Immigration Services (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.

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