H-1B Visa Lawyer
Specialty Occupations Visa
The H-1B Visa is for university graduates and members of the professions that are coming to the United States to work in a
specialty occupation. An H-1B candidate must either have a U.S. bachelor's degree, or an equivalent foreign degree. In some cases, 12 years or more of relevant work experience in a specialty occupation can be used to show equivalency to a U.S. bachelor's degree for an H-1B petition.
The principal requirements to apply for an H-1B Visa, besides the academic qualifications or relevant work experience, are:
- that there is a job offer and Visa sponsorship by a U.S. company that is financially able to pay the worker's salary;
- that the H-1B worker will be paid the prevailing wage for his occupation or more;
- that the U.S. company shows that the job offer is related to the worker's qualifications.
The H-1B Visa is initially issued for a period of 3 years, and may be renewed for another 3-year term. Further extensions are granted only in very few instances.
After holding the H1B Visa for 6 years, the law requires a foreign worker to spend at least 1 year outside the United States before obtaining a new H-1B Visa. This rule does not apply if the foreign worker can be approved for an O-1 Visa for extraordinary ability.
The H-1B is a non-immigrant Visa, but allows dual-intent. In other words, an H1B Visa holder may lawfully seek to obtain permanent residency (Green Card) while working in the United States.
As an immigration lawyer in New York, I helped many companies sponsor specialized employees for the H-1B Visa, including applications for extension, recapture of time, and self-sponsored petitions under the new
H-1B Visa for Entrepreneurs.
The spouse and children of an H-1B worker may come to the U.S. as dependents in H-4 status, but are not authorized to work unless they apply for their own work Visa.
Contact a New York Immigration Attorney to handle your H-1B Visa