What is an H-1B Visa?
An H-1B visa is a non-immigrant visa category that allows U.S. employers to temporarily employ foreign workers in specialty occupations, typically those requiring specialized knowledge and a bachelor’s degree or higher.

Who is eligible for an H-1B Visa?
To be eligible for an H-1B visa, you must:
→ Have a job offer from a U.S. employer.
→ Work in a specialty occupation.
→ Possess the required educational qualifications or equivalent work experience.
→ Be sponsored by your employer, who must file an H-1B petition on your behalf.

How do I apply for an H-1B Visa?
The process generally involves these steps:
→ Your employer files an H-1B petition with U.S. Citizenship and Immigration Services (USCIS).
→ If selected in the H-1B lottery (if applicable), USCIS reviews the petition.
→ If approved, you apply for an H-1B visa at a U.S. consulate or embassy if you are outside the U.S., or for a change of status if you are already in the U.S.

When can I apply for an H-1B Visa?
The H-1B application period typically starts on April 1st each year, with a limited annual cap. If your petition is selected in the lottery, you can start working on October 1st of the same year.

What is the H-1B lottery, and how does it work?
Due to high demand, the H-1B visa has an annual cap. If more petitions are filed than available visas, USCIS conducts a lottery to randomly select petitions for processing. It’s essential to prepare a strong petition and submit it promptly when the filing period opens.

Can I change jobs or employers on an H-1B Visa?
Yes, you can change jobs or employers on an H-1B visa. However, your new employer must file an H-1B transfer petition on your behalf, and you should not begin working for the new employer until the transfer is approved.

Can my family join me on an H-1B Visa?
Yes, your spouse and unmarried children under the age of 21 can accompany you to the U.S. on H-4 dependent visas. They can also apply for work authorization while in the U.S.

How long can I stay on an H-1B Visa?
H-1B visas are initially granted for up to three years, with the possibility of extension for a total stay of up to six years. Extensions beyond six years may be possible in certain circumstances.

Can I apply for permanent residency (a green card) with an H-1B Visa?
Yes, it is possible to apply for a green card while on an H-1B visa. Many H-1B holders pursue employment-based green card categories, such as EB-2 or EB-3, to obtain permanent residency in the U.S.

How can an immigration lawyer assist with my H-1B Visa application?
An immigration lawyer can help by:
→ Assessing your eligibility and determining the best strategy for your H-1B application.
→ Preparing a strong and compliant H-1B petition.
→ Navigating the complexities of the H-1B lottery process (if applicable).
→ Assisting with H-1B extensions, transfers, and potential green card applications.

If you have more questions or need personalized assistance with your H-1B Visa application, please don’t hesitate to contact our experienced immigration team. We are here to guide you through the process and maximize your chances of success in securing an H-1B visa.