H-1B Procedures

The H-1B visa is a nonimmigrant visa that allows foreign workers in certain specialty occupations to work in the United States temporarily. To obtain an H-1B visa, an individual must have a job offer from a U.S. employer and must hold a bachelor's degree or higher in a field related to the job.

The H-1B visa has an annual cap, which means that only a certain number of H-1B visas are available each year. The cap is currently set at 65,000, with an additional 20,000 visas available for individuals with a master's degree or higher from a U.S. university.

To obtain an H-1B visa, an individual must first find an employer who is willing to sponsor them for the visa. The employer must file a petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the employee, including documentation of the job offer and the employee's qualifications.

Once the petition is approved, the employee can apply for the H-1B visa at a U.S. consulate or embassy abroad. The employee will need to provide documents such as a passport, a resume, and a copy of the approved petition.

If the H-1B visa is granted, the employee can then travel to the United States to begin working in the specialty occupation. H-1B visas are initially granted for a period of up to three years, but can be extended for up to an additional six years.

While on an H-1B visa, an individual may be able to obtain a green card (permanent resident status) through their employer. This process typically involves the employer filing an immigrant petition on behalf of the employee and the employee applying for a green card through either consular processing or adjustment of status.

Overall, the H-1B visa process can be complex and it is important to work with an experienced immigration attorney to ensure that all requirements are met and the process goes smoothly.