This classification allows foreign nationals to temporarily work in the United States. The following are the types of H Visas available.
- Must have completed a four-year bachelor’s degree in a field of study related to the position. If the degree was obtained overseas or is not a four-year bachelor’s degree, an education evaluation must be completed.
- Industry standard education requirements for the position must include a bachelor’s degree.
- Salary for the position must meet minimum prevailing wage requirements.
- The employer for an H1B petition must obtain a Labor Condition Application(LCA) from the U.S. Department of Labor before filing the H1B petition with the USCIS.
As an H-1B nonimmigrant, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years.
An employee may receive extensions of H1B status beyond six years in certain circumstances, if she/he is in the process of applying for employment-based permanent residence (commonly referred to as the “green card”).
The spouse and unmarried children (under 21 years of age) of H1B applicant may seek admission in the H-4 nonimmigrant classification, they are authorized to live and study but cannot work. Under certain circumstances, the H-4 dependent can have employment authorization based on their spouses’ status of employment based permanent residency petition.
The H-1B visa has an annual numerical limit "cap" of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap. This cap also has 6,800 visas dedicated to Chilean and Singapore Nationals. Also, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are not subject to this numerical cap.
The other classifications of H1B are as follows
- H1B1 - Free Trade Agreement workers in a specialty occupation from Chile and Singapore.
- H-1B2 -Specialty occupations related to Department of Defense Cooperative Research and Development projects or Co-production projects.
- H-1B3 -Fashion models of distinguished merit and ability.
- H-2B - Temporary Non-Agricultural Workers
- H-3 - Nonimmigrant Trainee or Special Education Exchange Visitor