H-1B Visas

H-1B Visas

H-1B visas permit employers to hire foreign nationals in specialty occupations. A specialty occupation is one which typically requires at least a bachelor's degree. The H-1B visa is valid for a total of 6 years and issued in a maximum of three year increments. An employee may receive extensions beyond 6 years if he or she is in the permanent residence process. H-1B visas are limited each year to 65,000 with an additional 20,000 visas for those who obtained a Master's degree from a U.S. university, and demand for them is very high. However, many employers are exempt from the numerical limitations, including universities and other organizations affiliated with universities.

Our team of dedicated and experienced business and employment immigration professionals provide excellent representation from pre-hiring decisions to obtaining H-1B status for new hires. We have substantial experience with numerical cap-exempt employers as well as those who are subject to the numerical limitations.

Frequently Asked Questions

Who can file an H-1B petition?
Only an employer can file an H-1B petition. Foreign national employees cannot file their own H-1B petition.
When should I file a cap-subject H-1B petition?
The earliest date an employer can apply for an H-1B that is subject to the 65,000/20,000 cap is on April 1 for an October 1 start date. In recent years, USCIS has been receiving more than 200,000 petitions for the total 85,000 available visas, so all H-1B visas are exhausted in the first week of April. We recommend that employers begin preparing in late February or early March in order to ensure timely filing.
Can family members join the H-1B foreign national in the United States?
Yes. Spouses and unmarried children under 21 years of age can obtain H-4 status. H-4 status does not permit employment authorization except in limited circumstances, but it does permit study.

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