What is the H1B visa?

The H1B visa allows U.S. employers to temporarily hire foreign workers in specialty occupations. The H1B visa lasts for a period of three years and can be renewed for another three. Exceptions can be applied to the H1B duration in special circumstances.

Do you need help preparing your H1B visa application?

How many H1B are issued each year?

As of 2015, U.S. law caps the number of foreign nationals who may receive an H1B visa to 65,000. However, up to 20,000 foreign nationals holding a master's degree or higher are exempt from this cap. Immigrants working at universities, government research facilities and non-profit research facilities are exempt from the cap. Foreign workers hired by universities are also not subject to the restriction.

General Requirements for the H1B Visa

1. Applicant must have an employer-employee relationship with the petitioning company.
2. Applicant's job must qualify as a specialty occupation by meeting certain criteria as set forth by the USCIS.
3. Applicant's job must be in a specialty occupation related to their field of study.
4. Applicant must be paid at least the actual or prevailing wage for their occupation, whichever is higher.
5. The H1B cap must not have been met for the current fiscal year unless applicant is exempt from the cap due to special circumstances.

What constitutes a valid employer-employee relationship for purposes of the H-1B Visa?

Generally, a valid employer-employee relationship can be found if the employer has the authority to hire, fire, pay, supervise or otherwise control the work of the employee. If you own your own company, you may be able to show a valid employer-employee relationship if some other board or group has the authority to control the terms of your employment.

What criteria must be met in order for my job to qualify as a specialty occupation?

There are several ways that your job may qualify as a specialty occupation:

• If a bachelor's degree or higher is generally the minimum requirement for the position
• If the degree requirement common for the position can generally be performed only by someone with a bachelor's degree in a field related to the position
• A degree or its equivalent is normally required for the position
• The nature of the job is so complex that information required to perform it is normally associated with obtainment of a bachelor's degree or higher

Can I apply for an H1B without a bachelor's degree?

If you do not have a bachelor's degree, you may still qualify if you have an unrestricted state license granting you permission to fully and immediately practice the specialty occupation, or have experience and specialized training that is equivalent to the completion of a bachelor's degree or higher.

Why hire an H1B lawyer?

Many issues arise during the filing and processing of an H1B petition that an H1B lawyer can help with. The initial I-129 petition can be tricky for some individuals to fill out, and hiring an H1B lawyer will ensure that all the paperwork is filled out properly and on time. H1B fees also differ widely depending on the company. An H1B lawyer will be able to tell you which fees apply to your particular situation.

What is the difference between an H1 visa, H1B visa and H1B-1 visa?

There is no visa specifically called the H1 visa. It is a shortened term for the H1B visa. However, the H1B1 is a special subset of the H1B visa that is only available to Singaporean and Chilean citizens. There are several differences between the H1B1 and the H1B, such as shortened visa validity and more stringent requirements in certain areas. Of the 65,000 visas allocated each year for the H1B visas, 1,400 are reserved for Chile and 5,400 are reserved for Singapore.

Contact Pratt, Mong & Lee Houston H1B Attorneys for all your immigration service needs. The immigration lawyers at Pratt, Mong & Lee are proud to service Houston, TX and all of the surrounding areas.