H-1B (Specialty Worker Visa)

The H1B specialty worker visa is subject to an annual lottery because there are more applicants for the visa than the annual statutory cap of available visas.  The H-1B visa lottery opens on March 1 for a chance at visas with a start date of October 1 (the start of the USCIS fiscal year).    

The typical H-1B visa is for a worker with a Bachelor’s degree in a professional occupation who has a job offer from a U.S. company for a role that requires that type of Bachelor’s degree. There is no set list of jobs that qualify for an H-1B visa. The legal test of whether something is an H-1B qualifying job is whether the U.S. job is the type that typically requires such a degree, or the employer always requires at least a Bachelor’s for this role, or the job is so complex that it requires someone with a specialized advanced education to perform it properly.  

For those without a relevant Bachelor’s degree, an alternative method for qualifying for the H-1B visa is to show that you have work experience equal to a 4-year Bachelor’s program. Three (3) years of progressive work experience equates to 1 year of university studies. It is also possible to combine together some years of university studies with some years of work experience to get a finding that you have the equivalent of at least a U.S. Bachelor’s degree.

The visa also requires that a certain minimum salary be paid to you and that the salary be pre-approved by the US Department of Labor (on a form called the Labor Condition Application or “LCA”) prior to issuance of the visa. 

One reason for the popularity of the H1-B visa is that it allows the holder to have "dual intent". Dual intent means that you can hold an H1-B visa and simultaneously apply for a green card.

Spouses and children (under the age 21) of the H-1B holder can obtain derivative visas to move with the U.S. 

BMB Immigration Law takes care of the whole H-1B process, including: filing the required LCA request with the U.S. Department of Labor (“DOL”), making sure the company complies with all DOL notice and recordkeeping requirements, preparing the USCIS Form I-129, drafting the employer support letter, and preparing the worker for the visa interview at a U.S. Consulate. 

For a free consultation about H-1B, please go to the Contact Us tab of this website and submit an inquiry.