US Work Visas and Applying for an H1B Visa
H1B is a specialist US Work Visa. In this blog, our US Immigration Solicitors outline the eligibility criteria for the H1B Visa. If you’d like more information on the H1B Visa or advice on the application process, contact our expert US Immigration Lawyers.
US Immigration Solicitors
For US immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
Specialty Occupation Work Visa
To secure a H1B Visa you need to be in a specialist occupation but that isn’t as difficult as it may appear. The H1B Visa isn’t limited to nuclear scientists or developers of next-generation AI. Technically, any job that requires a bachelor’s degree could qualify you for an H1B Visa. However, specialty occupations are traditionally seen as accounting, architecture, business, education, engineering, health and medicine, mathematics and physical or social sciences.
If you are unsure if you’ll qualify for an H1B Visa then it's best to speak to US Immigration Attorneys so they can advise you on the H1B Visa and your other US Work Visa and Business Visa options.
Flexible Work Visa
The H1B Visa is a flexible type of US Work Visa as the rules allow you to work on either a full-time or part-time basis.
The H1B Visa also allows the main visa holder to bring qualifying family members with them. Spouses and dependent children (defined as children who are under 21 years and unmarried) can qualify for H4 status. This means children can be schooled but most H4 holders can't work unless they fall within an exception to the no-work rule. Although the H1B Visa is flexible, spouses and dependent children with H4 status can’t stay in the US if the H1B Visa holder leaves. For example, if you are posted overseas by a US multinational employer.
Caps on the H1B Visa
The US government places a cap on the annual number of H1B Visas. The current limit is 65,000 H1B visas but a further 20,000 H1B Visas are available for those with specialist qualifications, namely advanced degrees from US institutions.
H1B Visa applicants are chosen randomly by lottery selection rather than the 65,000 quotas being reserved for the most highly skilled or specialist applicants or industry sectors. There is an initial lottery for the 20,000-specialist qualification H1B Visas and if you don’t get chosen in that tranche you can go into the general lottery where a further 65,000 H1Bs are available to secure.
You may be fortunate if you are going to work for a listed organization as their employees don’t count towards the H1B Visa cap. The listed organizations are institutions of higher education, higher education nonprofits, and nonprofit or governmental research organizations.
H1B Visa Applications by Citizens of Chile and Singapore
The cap of 65,000 doesn’t apply to applications made by Chilean and Singapore nationals as they can apply for a separate H1B1 Visa. This Work Visa is different from the H1B Visa as it only lasts 18 months but it can be renewed indefinitely. The definition of specialty occupations for the H1B1 Visa tends to be wider so it's worth exploring the H1B1 Visa if you are a citizen of Chile or Singapore. However, the H1B1 is subject to an annual cap of 1,400 for Chilean citizens and 5,400 for citizens of Singapore.
H1B Visa Length
H1B visas are valid for up to three years. You can apply for a three-year extension and can stay in the US on the H1B for a total of six years. In some situations, you can stay for longer than six years. For example, if you have an approved EB-1 Visa.
Time spent outside the US during the six years can be recaptured to get the maximum out of your six-year Work Visa and to extend your stay. For example, time spent overseas seeing family or business trips can be recaptured.
As the H1B Visa is dual intent you can apply for permanent resident status and you do not need to retain a home overseas. For information on how to move from H1B Visa to Green Card speak to our US Immigration Solicitors.
Eligibility criteria for the H1B Visa
To qualify for the H1B Visa you need:
- A job from a US company - the job must be a specialty occupation
- A bachelor’s degree or higher qualification in an area the specialty occupation job relates to. A formal qualification may not be necessary if you can prove that training or previous job experience is the equivalent of a qualification
- A licence if your job requires you to have a licence under local, federal or state law – unless you fall within a license exception
- An employee relationship with the employer. You can't be freelance and be able to choose what work you do
- No labor disputes - to be offered employment at a US company where there are no labor disputes
Good places to start looking at whether jobs are considered specialty occupations are
- The Department of Labor’s Occupational Outlook Handbook or
- The Department of Labor’s O*NET online system
The H1B registration is filed by the US company in their capacity as a prospective employer. If you are selected in the H1B Visa lottery you then submit your H1B Visa application using Form 1-129.
If you are interested in making an H1B Visa application or in exploring your US Work Visa options then call our Legal 500 recommended expert US Immigration Lawyers.
US Immigration Solicitors
For US immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
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