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 explain the 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 startups 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.