An H-1B visa permits foreign nationals to engage in “specialized occupations” in the United States. A specialized occupation requires a bachelor’s degree or equivalent professional experience. Unlike the L1 Visa, which is valid for seven years, the H-1B visa remains valid for a maximum of six years. Although you can also apply for an extension beyond six years, provided-

1. At least 365 days have passed since the foreign national filed any labor certification application, Form ETA-750, required or used by the foreign national to attain EB immigrant status, or an EB immigrant petition was filed.
2. If the I-140 application is approved but the visa numbers are unavailable to file the I-485, the client will be granted a three-year extension of stay.

To qualify as a speciality occupation, the position must meet the following criteria:

Have a minimum entry requirement of a Bachelor’s or higher degree or its equivalent. The degree requirement for the job is common to the industry, or the job is so complex or unique that it can be performed only by an individual with a degree. The employer typically requires a degree or its equivalent for the position. The nature of the specific duties is so specialized and complex that the knowledge necessary to perform them is typically associated with the attainment of a bachelor’s or higher degree. The Specialty occupation can be from any of the following disciplines, but is not always restricted to:

• Architecture
• Accounting
• Scientific disciplines such as Mathematics, sociology, and physical sciences
• Medical and healthcare
• Schooling & education
• Business
• Legal
• Systems analysts
• Journalists and editors
• Psychologists

Each year, only 65,000 H-1B visas are allocated by the USCIS. An additional 20,000 H-1B visas are earmarked for individuals with advanced academic qualifications from an accredited U.S. institution. H-1B visa holders are entitled to change jobs, provided they meet certain conditions. Additionally, H-1B visa holders are eligible to apply for permanent residence. This is because the H-1B visa allows dual intent, unlike the Student visa, which does not permit an intention to immigrate.

An H1-B visa petition requires the submission of several documents. The list below is not exhaustive, and the documentation may vary depending on the facts of the case:

• A thorough job profile and description
• A photocopy of the CV of the foreign national
• Documentation or certificates, together with an educational evaluation
• Prior employers’ statements of reference (if applicable)
• Passport(s) with the biographical page(s) for the appellant and any relatives joining them
• A job description showing that a bachelor’s degree is required for the job
• Job listings for the relevant professional position
• Statements from professional associations in the Industry that a bachelor’s degree in a specific field is usually required for the job (if applicable)
• Employment Contract in writing or a synopsis of mutual oral consent
• Federal tax returns
• Business plan
• Proof of licensing (if required)
• Status documents if the person is already in the U.S and Is filing a change of status or an extension.

Processing Time for H-1B Visas

H-1B non-immigrant Visa processing times may vary depending on the service center to which you submit your application and the type of processing service (Standard or Premium).

Adjudication of H-1B petitions typically takes 4-5 months on the part of USCIS, unless Premium Processing is requested.

How to Apply for an H-1B cap petition?

The entire process for an H-1B cap petition is divided into five steps.

Step 1: Register for an H-1B visa within the registration deadline

Step 2: If you are chosen in the lottery, you must file an H-1B petition

Step 3: Get approval from USCIS

Step 4: If overseas, apply for a visa

Step 5: Start working for a company or organization based in the US

Any US employer can apply for an H-1B visa. The US employer is referred to as a petitioner in this case. The foreign national is referred to as the beneficiary. A petitioner is required to:

• Issue an employment contract for the beneficiary
• Hold a legitimate employer and employee connection with the recipient
• Have a non-speculative job offer that qualifies as a specialty occupation

Given the complexities of applying for an H-1B visa, it is advisable for any foreign national to consult with and, if necessary, request assistance from an immigration attorney. Ever since its inception, the Law Offices of Prashanthi Reddy, PLLC, a NYC-based immigration law practice, has submitted many H-1B applications. As a result, our attorneys are well-versed in H-1B cases. That’s the reason why we can foresee problems and provide appropriate advice at the right moment.

As a significant portion of our work at the Law Offices of Prashanthi Reddy, PLLC, involves employment-based immigration, we are well-positioned to advise our clients on best practices when submitting H-1B cases. For more information, contact The Law Offices of Prashanthi Reddy at prashanthi@reddyesq.com or by calling 212-354-1010. Our Immigration Attorney also Provides Immigration Services to Other U.S. states, such as New York, Florida, New Jersey, Texas, and California.