H1B

FAQ

An H1B visa is a temporary visa that is issued to foreign professionals to allow them to work in the United States for their sponsoring employer.

The H1B visa is granted to foreign nationals who come to the U.S. to work for an American employer in a position that requires a degree in a particular specialty. For example, the position of administrator is most likely not suitable for an H1B visa, since this position usually does not require a degree. A market research analyst should work in an H1B position, as this position usually requires at least a bachelor’s degree in marketing, mathematics, statistics, or a similar degree. Over the past decade plus, we have worked with many clients and their employers to get H1B for foreign workers. If you would like to learn more about this position, contact us for a free consultation.

Nope. A foreign national may hold a foreign degree, provided that this degree is equivalent to a bachelor’s degree in the United States.

Not necessarily. If a foreign national has years of experience in a particular field, that experience can be assessed as equivalent to a bachelor’s degree in the U.S.

The H1B visa will be granted for an initial three-year period. It can then be extended for another 3 years. In total, a foreign specialist can work in the U.S. for six years on an H1B visa. There are exceptions to this, and we have worked with many clients to extend the H1B visa for more than six years. Contact us to schedule a free consultation to discuss your case.

 A foreign professional will be able to work for your company after you file a new H1B petition on their behalf, and the government will confirm that they have received the request and are working on it.

Unfortunately not. A foreign professional must work for six years in the U.S. under the H1B program, regardless of how many employers have filed petitions for him/her.

The H1B visa is one of the few immigration processes in which both the Immigration Service and the Ministry of Labor are involved. There are various steps that need to be taken to comply with the rules set by both agencies. The most important steps are to work with you and your employer to determine the position offered, make sure you have the degree needed to work in that position, and submit forms and documents to the Department of Labor and Immigration. Other factors to consider are the average salary in the proposed position, as your employer must pay at least a minimum amount.

 

In the past, we have worked with many clients and employers to file H1B petitions using the steps described above. If you are interested in filing an H1B petition, contact us to schedule a free consultation.

If the foreign professional is already in the U.S. and works for another H1B visa company, then they can start working for your company as soon as it is confirmed that the immigration service has received and is processing the H1B petition. If an employee does not have an H1B petition, they will not be able to work for your company until the petition is approved and the foreign professional is accepted into the U.S. with H1B status.

An H1B visa can be filed six months before the expected start date of employment.

Yes. The government only allows 65,000 H1B visas to foreign professionals. An additional 20,000 H1B visas are available to those foreign professionals who have a master’s degree and will be coming to the U.S. to work in a position that requires at least a master’s degree to take office.

Yes. As noted above, the government allows 65,000 H1B visas per year. This quota is reset on October 1 of each year, when the government’s fiscal year begins. To help you get the best chance of getting an H1B visa by a foreign specialist, you should submit your request by April 1.

 

The H1B visa has been criticized by the last two presidents. The Obama administration began by providing more specific rules and guidelines regarding what constitutes H1B approved positions and who qualifies as employers for those positions. President Trump has continued to push for restrictions on the H1B process, with immigration services trying to change different definitions and interpretations of the H1B visa in December 2020. During this time, we have worked with many employers and clients to apply for and obtain an H1B visa. We will be happy to develop the right strategy for you. Contact us to schedule a free consultation.