H-1B Work Visa
H-1B visa is designed for workers in specialty occupations, and it is the most common work visa for foreign workers. There are new H-1B applications are subject to an annual numerical "cap" (limit) of 85,000 visas each fiscal year. In an H-1B petition, it is required that the position is a specialty occupation that require theoretical or technical expertise.
Specialty occupation requires theoretical and practical application of highly specialized knowledge, and to qualify the job must meet one of the following criteria:
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The minimum entry requirement for the position is a Bachelor's or higher degree, or its equivalent. The degree must be relevant to the position.
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The degree requirement for the job is common and similar throughout the industry, or the job is so complex or unique that it can be performed only by an individual with this degree.
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The employer normally requires this degree or its equivalent for the position. Or
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The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is typically associated with an individual who attained this bachelor's or higher degree.
Frequently Asked Questions
Who is not subject to the annual quota?
H-1B workers who are employed at one of the following employers are not subject to the annual numerical cap:
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institutions which offer higher education beyond secondary level;
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a related or affiliated nonprofit entity of an institution of higher education;
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a nonprofit research organization, or
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a government research organization.
In addition, H-1B workers who apply for H-1B transfers to change employers are exempt from the cap, and H-1B extensions are also not subject to this numerical cap.
What is the six-year H-1B limit?
Typically, H-1B status entitles the beneficiary to work for a total of 6 years in the U.S. When the 6 year limit is reached, you either have to change to a different status or leave the U.S. If you want to re-enter the U.S. on a new 6 year term H-1B, you must stay outside the U.S. for one year before re-entering on a new H-1B. However, if you are in the process of applying for a green card, and you have obtained approved Labor Certification and/or I140, you may be granted an extension of H-1B status beyond 6 years.
What is a prevailing wage?
The prevailing wage is defined as the average wage paid to similarly employed workers in a specific occupation in the geographic area of the intended H-1B employment. The petitioning employer must pay the H-1B employee a wage that is no lower than the prevailing wage.
What is an LCA?
LCA stands for Labor Condition Application, which is a mandatory document that a U.S. employer must file with the U.S. Department of Labor (DOL) before submitting an H-1B visa petition to U.S. Citizenship and Immigration Services (USCIS). The purpose of LCA is to ensure the employment of a foreign worker will not negatively affect the wages and working conditions of U.S. workers in similar positions. It is filed online and approval will be received in about 7 days.
Can multiple companies enter me into the H-1B lottery simultaneously?
Yes, multiple companies may register the same individual for the H-1B lottery. However, the lottery is conducted based on the individual's passport information, and having multiple registrations does not increase the likelihood of being selected. If selected, the applicant may choose which sponsoring employer will file the petition.
Can I work for multiple employers with H-1B?
Yes. With concurrent H-1B’s you will be able to work for multiple employers at the same time. As long as you have an approved H-1B for each employer.