Immigration Law

Nonimmigrant Visas: H-1B Specialty Occupation Visas

A) WHO IS THE VISA FOR?
This category is for U.S. companies that want to employ foreign nationals in specialty (professional) occupations.

B) WHO MAKES THE APPLICATION/PETITION?
The company, through an attorney, submits a petition to the appropriate BCIS Service Center in the U.S. (When the petition is approved, the foreign national, if outside the U.S., goes to the consulate for the approval of the travel visa so that s/he may enter the U.S.)

C) HOW LONG DOES PROCESSING TAKE?
Service Centers are currently taking 2-3 months to approve H-1B petitions. The individual's visa application at the consulate takes between one and three days, depending on the location.

D) HOW LONG IS VALIDITY?
The H-1B is valid for an initial period of three years. An extension of three years is available. Maximum length of stay is six years, with some provision for extension beyond the six years for green card applicants.

Nonimmigrant employed in a position that qualifies as a specialty occupation. Applicant must possess a bachelor's degree or equivalent thereof, and the job must also require a Bachelor's degree as a minimum requirement. A labor condition application must be approved by the Department of Labor (DOL) before a petition is submitted to the Bureau of Citizenship and Immigration Services (BCIS). Pending implementation of the regulations promulgated by Congress in the American Competitiveness and Workforce Improvement Act, companies who employ H-1B workers will be subject to additional limitations and requirements. Maximum duration is six years.