H1B Visa

H1B Specialty Occupations
The H1B visa category applies to an alien coming temporarily to perform services in a specialty occupation which requires the theoretical and practical application of highly specialized knowledge requiring completion of a specific course of higher education.

Period of Stay
As an H-1B nonimmigrant, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply.

If your employer terminates you before the end of your period of authorized stay, the employer will be liable for the reasonable costs of your return transportation.  If you voluntarily resign your position you have not been dismissed and your employer is not responsible for the costs of your return transportation. If you believe that your employer has not complied with this requirement, you must contact the Service Center which approved your petition in writing.

H-1B Cap
The H-1B visa has an annual cap of 65,000 each fiscal year. However, H-1B workers who are sponsored by or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are not subject to this numerical cap. 

For further information about numerical caps, see the “Information for Employers & Employees” link to the left.

Family of H-1B Visa Holders
Your spouse and unmarried children under 21 years of age are entitled to H-4 classification. Your dependents may not be employed under the H-4 classification.

Document Requirements:

The petition (Form I-129) should be filed by the U.S. employer with:

(1) A certified labor condition application from the Department of Labor;

(2) Copies of evidence that the proposed employment qualifies as a specialty occupation;

(3) Evidence the alien has the required degree by submitting either:

a.  A copy of the person's U.S. baccalaureate or higher degree which is required by the specialty occupation;

b.  A copy of a foreign degree determined to be equivalent to the U.S. degree; or copies of evidence of education and experience which is equivalent to the required U.S. degree;

c.  A copy of any required license or other official permission to practice the occupation in the state of intended employment; and a copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed.