The H-1B visa is a non-immigrant visa classification that permits employers to employ foreign workers in a specialty occupation for a temporary period under the Immigration and Nationality Act. However, the H-1B cap limits the amount of visas available to 65,000 each fiscal year. At K&S, Immigration Lawyer in San Diego, we provide US employers and skilled professionals with the information to address eligibility concerns and assist in obtaining H1B visas in a timely manner.
First, the occupation must meet specific criteria to qualify as a specialty occupation. The occupation needs to require a theoretical and practical application of a body of highly specialized knowledge, with a Bachelor’s or equivalent as the normal minimum entry requirement for the position. H1-B specialty classifications also apply to jobs where a degree requirement is common to the industry or the job is so complex it can only be performed by an individual with such a degree. Specialty fields include but are not limited to occupations in engineering, mathematics, computer science, medicine and health, and finance and administrative specializations.
Once a specialty occupation is confirmed and the employee meets the criteria requirements, the employer must obtain a Labor Condition Application (LCA) from the US Department of Labor to petition for a non immigrant worker. Under U.S. immigration law, this work-authorization is strictly limited to employment by the sponsoring employer.
Following the approval of the LCA, a person may hold H-1B status for a maximum of six years and may receive extensions beyond the six years in certain circumstances such as applying for employment-based permanent residence. Spouses of H1B professionals and their children under the age of 18 are authorized to reside in the United States under H-4 nonimmigrant classification and to study, but are not permitted to work.
With the number of H-1B visas limited, it is important to fill out all forms correctly and provide the required fees and documentation to prevent the rejection or denial of the H-1B petition. For assistance applying for an H-1B visa or for more information about the process, visit our website at