The most commonly known temporary work visa is the H-1B visa, which is granted in 3 year intervals up to a maximum period of 6 years for professional workers.
In order to be eligible to apply for an H-1B visa, the following conditions must be present:
- The prospective applicant must possess a minimum of a 4-year university diploma from the U.S. or foreign educational institution or equivalent work experience.
- The prospective applicant must have a valid job offer from an organization in the U.S. which is parallel to the individual’s field of education.If the prospective applicant does not possess a 4-year university degree, it is possible to receive an equivalency evaluation based on a combination of education and experience. Please note that the experience must be consistent with the field of education in order to be eligible for use in equivalency evaluation.
The position that is being offered to the prospective applicant by the U.S. organization must qualify as a “specialty occupation”, i.e. the position must require a set of specialized knowledge and skills, and require the minimum of a Bachelor’s degree or its equivalent for the successful completion of the entailed duties.
All-time spent outside of the U.S. while in H status can be “recaptured” towards the end of the 6-year maximum stay. Moreover, the H-1B status can be extended beyond 6 years in case there is an employment-based green card application pending for 365 days on behalf of the alien.
The H-1B visa is subject to a “quota system”, in which there is a limit of 85,000 H-1B visas per year, 20,000 of which are only available for U.S. master or higher degree holders. Registration for H-1B quota subject visa applications occurs in March of every year. Some institutions, such as higher educational institutions, nonprofit and governmental research organizations are not subject to the quota and can file H-1B applications at all times.
Spouses and children of H-1B holders can obtain H-4 visas. They can study, but they are not allowed to work in the U.S.
HOW WE CAN HELP YOU
The Kulen Law Firm provides assistance and advice regarding strategies for H-1B registration, quota filings, as well as extension and change of status applications within the U.S. We also assist with preparing responses to complex H-1B Request for Evidence (RFE) requests.
