👔 H-1B Visa for Specialty Occupations
The H-1B visa is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations requiring specialized knowledge and a bachelor’s degree or higher.
✅ Eligibility Requirements
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The job must be a specialty occupation, typically requiring a bachelor’s degree or equivalent.
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The applicant must have the required degree or equivalent experience.
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Employer must be willing to sponsor and file the petition.
📝 Application Process
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Labor Condition Application (LCA): Employer files LCA with the Department of Labor.
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Form I-129: Employer files the H-1B petition with USCIS.
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Lottery System: Due to high demand, USCIS uses a lottery for H-1B cap-subject petitions.
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If selected and approved, the applicant obtains an H-1B visa stamp (if abroad) or change of status.
⏳ Duration and Extensions
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Initial H-1B status is granted for up to 3 years, with possible extensions up to 6 years.
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Certain extensions beyond 6 years are available if green card processes are underway.
⚠️ Challenges and Considerations
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The annual cap limits the number of new H-1B visas each fiscal year.
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Employers must meet wage and working condition requirements.
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Petition denials can occur due to lack of specialty occupation evidence or improper documentation.
📞 Contact Borderless Lawyers to navigate the complexities of the H-1B visa process and increase your chances of approval.