What is the H-1B visa?
The H-1B visa is one of the most popular temporary visas for foreign professionals to work in the US. To qualify for an H-1B, the (foreign) worker must, at a minimum: (1) work for a US employer; (2) work in a specialty occupation position. A specialty occupation is one that ordinarily requires a minimum of a bachelors degree or its equivalent. Examples are engineers, lawyers, doctors, or accountants; (3) must have a bachelors degree or equivalent.
An H-1B can be granted for an initial three-year period, and can be extended for an additional three years. After six years in H-1B status (or a combination of H-1B and L-1 status), an H-1B worker must leave the US for at least one year before returning on another H-1B (or L-1). Alternatively, if the foreign national worker has an employment-based green card that is pending, then the H-1B can be extended in increments of one (1) or three (3) years.
Spouses and children can obtain H-4 visas that allow them to accompany the H-1B worker, but the H-4 does not allow them to work.
The annual cap for new H-1B visas is 65,000. An additional 20,000 visas are allotted to H-1B applicants with a US Master’s degree or higher.
Watch the following YouTube videos that explainthe H-1B visas and the annual quota:
H-1B Visas and the Annual Quota
The basics of H-1B visa explained
H-1B quota and H-1B Cap demystified
Watch Attorney Sweta Khandelwal explaining H-1B visas and related concepts on Sitaare TV. This video was part of the legal segment and was aired on March 25th 2012
Attorney Sweta Khandelwal has successfully filed hundreds of H-1B visa petitions while representing companies and business across various sectors-software, hardware, engineering, hospitality, healthcare, machine tools, and many others.
If you are an entrepreneur looking to start your own business, the H-1B may be an option for you. Contact us to see if you and/or your business will qualify. For other visa options available to entrepreneurs, click here.
Visit our testimonials page to see how Sweta has made it possible for start-ups and small business in the US to grow by enabling them to hire the best and the brightest talent that is available in the market. The H-1B visa is the only work visa available to US business that allows the business to hire outstanding talent for full-time jobs in the US!
For those foreign nationals who were either found ineligible for the H-1B Visa or who were not selected as part of the H-1B Quota, there may be other options available. Watch this video to learn more the alternatives to the H-1B visa.