Fields such as in architecture, engineering, mathematics, science, and medicine.
US company can employ a foreign worker for up to six years
Applying for a non-immigrant visa is generally quicker than applying for a US Green Card
There is a Visa cap:
US employers can begin applying for the H-1B visa six months before the actual start date of the visa, but the employee cannot start work until October 1, 2013.
Immigration law allows for a total of 85,000 new H-1B visas to be made available each government fiscal year. After the visa cap has been reached, USCIS stops accepting H-1B petitions for that year until April of the next year.
- Bachelor's or higher degree or its equivalent.
- The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree.
- The employer normally requires a degree or its equivalent for the position.
- The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.
- Have completed a US bachelor's or higher degree required by the specific specialty occupation from an accredited college or university.
- Hold a foreign degree that is the equivalent to a U.S. bachelor's or higher degree in the specialty occupation.
- Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment.
- Have education, training, or experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
Positions that are not specialty occupations, or for which the candidate lacks the qualifications/experience for an H1B visa, may be filled using an H-2B visa.
The H-1B visa is initially granted for up to three years, but may then be extended to a maximum of six years.
the H-1B visa holder can apply for and obtain a US Green Card while in the US on an H-1B visa.
If you are still in the US on an H-1B visa and wish to remain in the US for more than six years, you can apply for permanent residency in the US to receive a Green Card. If you do not gain permanent residency prior to the expiration of your H-1B visa, then you must live outside the US for at least one year before reapplying for another H or L visa.
Family & Dependents
H-1B visa holders can bring their spouse and children under 21 years of age to the US under the H4 Visa category as dependents.