Foreign workers are an important part of the United States economy and labor market. There is a need for highly skilled individuals in various areas, especially those with backgrounds in science, engineering, mathematics, and technology. To help fulfill this need, the federal government created several visa categories for individuals seeking to live and work in the United States. The H-1B Visa category, first added in 1990, is an example of one of these visas.

What is an H-1B Visa?

The H-1B Visa allows United States employers to petition for foreign employees to work in specific jobs. These jobs all require at least a bachelor's degree or the equivalent of its applicants. The H-1B visa is a nonimmigrant visa; this means that it is meant for temporary stays in the United States. Immigrant visas are for individuals that are planning to stay and live in the United States permanently. Because of the popularity of the H-1B Visa, the federal government puts a cap on the maximum number of visas that are granted each year. There is currently a 65,000-yearly cap on H-1B Visas.

Who is Eligible for an H-1B Visa?

Not everyone who can work in a specialty job is eligible for an H-1B Visa. To be eligible for an H-1B Visa, you must have a job offer in a specialty occupation that requires a bachelor's degree or equivalent and have proof that you hold the necessary degree. Your employer must also demonstrate that there is a shortage of qualified applicants from the United States. If you meet these requirements, then your employer can file a petition for you.

If your H-1B visa is granted, it is valid for three years and can be extended for up to six years. The H-1B visa also allows individuals to travel into and outside of the country. If you have legal questions, then call us so we can help!

Get Professional Assistance

To schedule a consultation with  experienced Palm Beach immigration attorney Jacqueline Delgado, call Delgado Law Group at (561) 342-1429 or schedule a consultation here.