H1-B Visa

H1-B Visa

An H1-B Visa allows foreign workers in specialty occupations to be temporarily employed by United States employers. If a worker with H1-B status quits their job, or is dismissed from their position, then the worker must apply and be granted change of status to another non-immigrant status, find a new employer, or leave the United States. Those who may qualify for H1-B status may have a bachelor’s degree or the equivalent, must be working in a specialty occupation, and must be earning a specific wage.

A specialized occupation is considered to be an occupation that requires theoretical and practical application of highly specialized knowledge in a specific and heightened field of study. Some examples of specialized occupations include: biology, chemistry, architecture, engineering, math, social and physical sciences, theology, medicine, education, law, accounting, business specialization. All fields of work must be obtained by a bachelor’s degree or its equivalent.

H1-B Visa holders are eligible to stay in the United States for three years with the opportunity to extend the visa to six total years. Holders of the H1-B Visa who wish to continue to work in the United States after the six maximum years have passed, but have not received permanent residency status, must remain outside of the United States for a year before reapplying for a new H1-B Visa.

Applicants who wish to obtain a H1-B Visa must meet all of the requirements of showing:

  • 1) the applicant must have an employer-employee relationship with the petitioning United States employer,
  • 2) the applicant’s job must qualify as a specialty occupation,
  • 3) the applicant’s job must be in a specialty occupation related to the applicant’s field of study,
  • 4) the applicant must be paid at least the actual or prevailing wage of their specific occupation, whichever is higher,
  • 5) an H1-B visa must be available at the time of filing the petition, unless the petition is exempt from numerical limits.

 

For more information regarding H1-B Visas, and the process of obtaining a H1-B Visa, please contact the Law Office of Jeffery Bennett via phone: 816-759-2776 (English), 816-759-2777 (Spanish); or via email: jyb@jybennettlaw.com.