Green Cards (Common)
National Interest Waivers
Professors & Researchers
Executives & Managers
PERM Labor Certification
Investors (EB-5 visas)
Family (Spouse, etc.)
Work Visas (Common)
O-1 Extraordinary Ability
TN Canadians & Mexicans
J-1 Visa Holders
Nurses & Physical Therapists
The H-1B visa category is available for individuals employed in the United States in a "specialty occupation." A specialty occupation requires a bachelor's or higher degree in a specialized field of knowledge as a minimum for entry into the occupation. Specialty occupations include accounting, engineering, law, architecture, scientific research and many other types of jobs.
The requirements for an H-1B visa are as follows:
Obtaining H-1B visa status is a two step process:
If the prospective employee is currently in the United States, this process may be used to get approval for a change in employer or a change of status. If the prospective employee is outside of the United States, the Immigration Service sends notice of the approval to a U.S. Consulate. The employee then applies at that U.S. Consulate for a visa to enter the United States in H-1B status.
A spouse or unmarried child of a person with H-1B visa status may obtain an H-4 visa. Individuals with H-4 visa status cannot work in the United States, but may attend school.
If an H-1B worker is terminated or laid off before the end of the visa term, the employer may have to pay the cost of transporting the employee to his country of origin.
H-1B workers who lose their jobs must either find another employer to petition on their behalf, change to a different immigration status or return to their home country.
For answers to Frequently Asked Questions, go to our H-1B FAQs or answers to questions specifically designed for H-1B portability, Students and their Families and Employers. If you would like assistance preparing your H-1B petition, please contact Peng & Weber.