The H-1B specialty visa is for non-immigrants who have gained employment with a U.S. company in a specialty occupation. In order to get an H-1B specialty visa, you need a job offer from a U.S. company and to meet several requirements. The experienced immigration attorneys at Poarch Thompson Law can answer your questions about the H-1B non-immigrant visa process and walk you through it.
H1B visas are nonimmigrant, employment-based visas for specialized knowledge workers that are commonly used prior to applying for permanent residence. However, in most years, H1Bs come with some baggage, including a quickly exhausted annual visa cap (65,000 general cap; 20,000 master’s cap) that precipitates a nail-biting lottery due to the volume of applications that USCIS receives. In 2015, nearly 233,000 applicants exhausted the cap in the first five business days after the cap opened.
After your interview or your company sends out your petition, the USCIS may respond with a request for information. This means that you or the company have left out some key detail or document that the USCIS needs in order to assess your eligibility for the visa. It does not mean your petition will be rejected. Instead, it lists exactly what evidence they need and how long you have to send it to them. If you or your company fail to respond to this request, then your petition will be rejected.
You should start the process to get your H-1B six months before you need it. Processing is extremely delayed at present.
The H-1B visa can be extended for another three years after its initial three years. Your employer has to file the extension petition.
Spouses and unmarried children under the age of 21 can join H-1B visa holders in the United States.
The H-1B visa category is highly scrutinized. It’s wise to have an immigration attorney walk you through the H-1B non-immigrant visa process, as a company and employee. We can help you avoid common pitfalls. Reach out to us today.