H-1B Work Visa
Immigration Lawyers in New York City:

What is the H-1B Visa?

The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. These occupations generally require a bachelor’s degree or higher in a specific field. The H-1B program is vital for U.S. companies seeking to fill positions that require highly specialized knowledge and skills, often in fields such as technology, engineering, medicine, and finance.

Key Characteristics of the H-1B Visa:

• Specialty Occupation: The position must require theoretical and practical application of a body of highly specialized knowledge, and a bachelor’s degree or higher in the specific specialty.
• Employer-Sponsored: The H-1B visa is employer-sponsored, meaning a U.S. employer must file the petition on behalf of the foreign worker.
• Temporary Stay: The initial period of stay is up to three years, which can be extended for a total of six years. In some cases, extensions beyond six years are possible, particularly if a green card application is pending.
• Dual Intent: One of the most significant advantages of the H-1B visa is its
  dual intent nature. This means that an H-1B visa holder can simultaneously seek permanent residency in the U.S. without jeopardizing their non-immigrant status. This is a critical benefit for individuals planning a long-term future in the United States.

H-1B Visa Requirements: Who Qualifies?

To be eligible for an H-1B visa, both the employer and the prospective employee must meet specific criteria set by U.S. Citizenship and Immigration Services (USCIS). Our H-1B visa attorneys in New York City can help you assess your eligibility and prepare a strong petition.

For the Employee (Beneficiary):

• Educational Qualification: Hold a U.S. bachelor’s degree or its equivalent, or a foreign degree equivalent to a U.S. bachelor’s degree. Alternatively, possess a license in a specialty occupation field, or have work experience equivalent to a bachelor’s degree. Generally, three years of specialized work experience can substitute for one year of college education.
• Specialty Occupation Position: The job offered must qualify as a specialty occupation, meaning it requires the theoretical and practical application of a body of highly specialized knowledge.

For the Employer (Petitioner):

• U.S. Employer: The petitioning company must be a U.S. employer with a valid IRS tax identification number.
• Employer-Employee Relationship: A bona fide employer-employee relationship must exist between the petitioner and the beneficiary.
• Prevailing Wage: The employer must agree to pay the H-1B worker at least the prevailing wage for the occupation in the geographic area of employment, or the actual wage paid to other employees with similar experience and qualifications, whichever is higher. This is determined by a Labor Condition Application (LCA) filed with the U.S. Department of Labor.