H-1B Visa

Work in the US in a professional role

The H-1B visa allows US employers to hire foreign professionals in “specialty occupations”: jobs that require at least a bachelor’s degree, or its equivalent, in a specific field. Common H-1B roles include engineering, IT, finance, healthcare, architecture, accounting and research. Our H-1B lawyer works with both employers and employees through every stage of the process.

Key requirements

A US employer that sponsors you and files the petition
A specialty occupation requiring a related bachelor’s degree or higher
Your qualifications: a relevant degree, or equivalent education and experience
The required wage: at least the prevailing wage for the role and location, certified through a Labor Condition Application

The H-1B cap and lottery

Most new H-1B petitions are subject to an annual limit of 65,000 visas, plus 20,000 more for holders of US master’s degrees or higher. Employers register candidates each spring, and USCIS selects registrations by lottery. Some employers, such as universities and nonprofit research organizations, are exempt from the cap.

H-1B rules and government fees have changed significantly in recent years, including new costs for certain petitions. We will explain the current requirements and costs before your company commits.

Length of stay and green cards

H-1B status is granted for up to three years at a time, for a maximum of six years, with extensions beyond six years possible in some green card cases. The H-1B allows dual intent, so you can pursue a green card while in H-1B status. Your spouse and children can join you in H-4 status.

For employers

We help companies plan registrations, prepare petitions, respond to requests for evidence, and handle transfers, amendments and extensions.

Talk to an H-1B attorney

Book a Zoom consultation to plan your H-1B strategy and alternatives such as O-1, L-1 or TN.