H1B Visa

Immigration Forms

H1B Visa Application

H-1B Workers

H1B Visa Application

H1B Visa Application
The H1B Visa is a United States nonimmigrant visa. It allows a U.S. company to employ a foreign individual for up to six years and it may lead to a Green Card.

The H-1B visa is a non-immigrant visa that allows business professionals to work in the United States for a specific amount of time. The purpose of the H-1B visa is to give U.S. employers the opportunity to hire foreign professionals if a U.S. citizen or resident is not available. In order for the H-1B visa to be issued, both the employer and employee must satisfy specific requirements.

Employer Requirements:
  • The job offer must be in a specialty occupation such as architecture, engineering, mathematics, etc.
  • There are criteria for wages offered and the actual job performed
  • No U.S. citizen or resident must be available for the job
  • The petition must be submitted by the company (not the employee)

Employee Requirements:

  • A Bachelor degree
  • Specialized skill
  • Speak and read English

Employee Rights:

  • Vacation
  • Sick leave
  • Maternity leave
  • Paternity leave
  • The spouse may enter on the H-4B visa

H-1B Visa restrictions and limits:

  • 65,000 visas are issued every year
  • Non-profit organizations are excluded from the annual cap
  • Higher education institutions are excluded from the annual cap
  • Over 130,000 applications were received during 2008-2008
  • H-1B visas are issued for a maximum of 6 years

The H-1B program is criticized from different perspectives. The wages are kept lower in certain H-1B related industries as foreigners will accept a lower wage for the opportunity to work in the United States. Foreigners cannot easily change job in comparison to a U.S. citizen or resident, which makes an H-1B worker attractive for many employers. Several universities offering higher IT degrees are criticized for bringing in many foreign nationals for the purpose of educating them to H-1B jobs thus discouraging citizens and residents from choosing such degree programs.

H1B Visa