An H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations that require theoretical or technical expertise.
A specialty occupation is one that requires specialized knowledge and typically requires at least a bachelor's degree or its equivalent in a specific field of study.
Individuals who have a job offer from a U.S. employer for a specialty occupation and possess the necessary qualifications, such as a bachelor's degree or higher, related to the position.
Initially, H-1B visa holders can stay in the U.S. for up to three years. The visa can be extended for up to six years in total, with certain exceptions.
Yes, there is an annual cap on the number of new H-1B visas issued each fiscal year. The regular cap is set at 65,000 visas, with an additional 20,000 visas available for individuals with advanced degrees from U.S. universities.
If the number of H-1B visa applications exceeds the annual cap, USCIS conducts a random selection process (lottery) to determine which petitions will be accepted for processing.
Yes, an employer may apply for an H-1B visa on behalf of a foreign worker while the worker is outside the U.S. However, individuals already in the U.S. in another valid non-immigrant status may be eligible to change to H-1B status through a process known as "Change of Status."