The H-1B visa s a nonimmigrant work visa that allows skilled foreign workers to enter the United States and contribute their expertise in specialized fields such as sciences, engineering, technology, business, and more.
The H-1B visa plays a crucial role in addressing workforce needs in various industries, promoting innovation, and driving economic growth—and despite that there is an H-1B cap, it remains a relatively straightforward way for highly educated foreign professionals to work legally in the country in specialty occupations.
The H-1B visa offers foreign professionals several advantages, including legal employment, the ability to bring immediate family members, potential pathways to permanent residency, competitive salaries, and professional opportunities in the United States.
The H-1B visa has broad eligibility criteria, making it a popular choice among foreign professionals. Unlike other visas that may require specific managerial roles, higher education degrees, or a minimum investment (E-2 Investor Visa), H-1B visa requirements are:
The H-1B visa is a temporary (nonimmigrant) work visa for specialized occupations, while the EB-3, visa is for professionals, skilled workers, or unskilled workers who have completed the labor certification process.
Unlike other immigrant visas, the H-1B visa does not require advertisements, recruitment, or requesting a labor certification. Also, there are various exemptions to the annual H-1B visa cap based upon contracts with research institutions, or additional visas for persons with U.S. master’s degrees.
Choosing the visa that best suits your case can be complicated. We strongly advise you to seek help from our H-1B immigration lawyer to make sure you are making the right decision.
The H-1B visa process typically starts with an employer registering for one of the 60,000 cap-subject visas available for professionals, unless they are eligible for an exemption from this cap. If selected in selection process, the employer must submit a Labor Condition Application (LCA) to the Department of Labor, ensuring compliance with prevailing wage requirements and working conditions. Once the LCA is approved, the employer files a Form I-129 petition with U.S. Citizenship and Immigration Services (USCIS), along with supporting documents and fees.
USCIS reviews the petition and supporting materials to determine the eligibility of the employer and the foreign worker. If approved, the foreign worker’s status may be changed to H-1B status or they can apply for the H-1B visa at a U.S. consulate or embassy abroad.
The average processing time for the H-1B visa ranges from 6 to 8 months depending on factors such as USCIS workload and the service center handling the case.
The H1-B visa process is complex, and most be done correctly to unequivocally show that each requirement is met. Get the help of a professional to avoid any complications that could jeopardize the success of your application!
At Symphorien-Saavedra Law, we have extensive experience in these cases and are ready to help guide you through the process as quickly and accurately as possible. Our founder, immigration attorney Frank Symphorien-Saavedra, is certified as an expert in Immigration and Nationality Law by the Florida Bar, and will be happy to guide you through your immigration process.
Check our clients reviews and contact us at 407-802-1717 to schedule a consultation with one of our immigration attorneys and discuss your specific situation. You may also fill out the online form provided on this page and we will contact you promptly.