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.
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