Temporary Specialty Worker Visas (H-1B)

Key Features:
Eligibility: Jobs requiring at least a bachelor’s degree or equivalent in a specialized field such as IT, engineering, medicine, law, or finance.

Annual Caps:
65,000 for regular applicants.
20,000 for individuals with advanced U.S. degrees.
H-1B Lottery: Demand exceeds supply, so visas are allocated via a random selection process during the application season.

Duration: Initial 3 years, renewable up to 6 years (longer if pursuing permanent residency).
H-1B Visa Process:
Labor Condition Application (LCA): Employer files Form ETA-9035 with the Department of Labor to confirm they will pay at least the prevailing wage and meet labor laws.
Petition (Form I-129): Filed by the employer with USCIS, including supporting evidence of job qualifications, the employee’s credentials, and LCA approval.

Visa Application:
After approval, employees apply for an H-1B visa at a U.S. consulate or embassy in their home country.
Attend an interview and provide biometrics.
Onboarding: Enter the U.S. to start work under H-1B status.

Common Challenges:
High rejection rates due to insufficient evidence of “specialty occupation.”
Cap limitations.
Complexities in extending beyond six years.

How We Can Help:
Pre-filing Strategy: Ensure job roles and qualifications align with H-1B requirements.
RFE Responses: Prepare strong responses to Requests for Evidence (RFEs) if USCIS raises concerns.
Cap-Exempt Options: Explore eligibility for cap-exempt employers (universities, research institutions).