The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire highly skilled foreign nationals in specialty occupations for a temporary period. This visa category is commonly used by professionals in fields such as technology, engineering, finance, healthcare, and academia. In certain cases, the H-1B visa is also available for fashion models of distinguished merit and ability.
An individual may hold H-1B status for a maximum of six years, typically granted in increments of up to three years. In specific circumstances, an H-1B holder may be eligible for extensions beyond the six-year limit if they are actively pursuing employment-based permanent residency (a green card).
H-1B Cap and Quota Limitations
H-1B visas are subject to an annual numerical cap:
- 65,000 visas are available each fiscal year.
- An additional 20,000 visas are reserved for individuals who have earned a master’s degree or higher from a U.S. institution (the master’s cap).
Due to high demand, the H-1B visa selection process is conducted through a randomized lottery system when the number of applications exceeds the annual cap.
H-1B Visa Requirements
To qualify for an H-1B visa, both the employer and employee must meet specific criteria:
1. Specialty Occupation Criteria
- The offered position must require at least a bachelor’s degree or higher in a specific field of study related to the job.
- The applicant must possess either a bachelor’s degree or equivalent work experience in the relevant field.
2. Labor Condition Application (LCA) Compliance
- The employer must first obtain a certified Labor Condition Application (LCA) from the U.S. Department of Labor (DOL) before filing an H-1B petition with U.S. Citizenship and Immigration Services (USCIS).
- The LCA ensures that:
- The foreign worker will be paid at least the prevailing wage for the occupation.
- The employment of an H-1B worker will not negatively impact U.S. workers in similar positions.
3. H-1B Portability and Cap-Exemptions
- Cap-Exempt Status: Certain individuals may be exempt from the H-1B cap if they:
- Have already been granted H-1B status and are seeking an extension or transfer.
- Are employed by cap-exempt institutions, such as universities, nonprofit research organizations, or government research institutions.
- H-1B Portability: Employees currently in H-1B status can transfer to a new employer without waiting for petition approval under the AC21 portability provisions, allowing them to start working immediately upon filing the new petition.
Dependent Status (H-4 Visa)
- The spouse and minor children of an H-1B visa holder are eligible for H-4 dependent status, allowing them to live and study in the U.S.
- H-4 visa holders are generally not authorized to work, except in limited cases where the spouse is eligible for employment authorization based on the H-1B holder’s green card process.
How Wang Law Firm Can Assist You
At Wang Law Firm, our experienced business immigration attorneys provide strategic guidance and end-to-end legal support for H-1B petitions, ensuring compliance with USCIS regulations and Department of Labor requirements.
Our services include:
- H-1B Petition Preparation – Assisting employers and employees in filing strong, well-documented petitions.
- Labor Condition Application (LCA) Filings – Ensuring compliance with wage and labor requirements.
- Specialized Support for IT & Consulting Firms – Addressing heightened USCIS scrutiny in IT and consulting roles.
- H-1B Extensions, Transfers & Cap-Exempt Petitions – Advising on H-1B portability, renewals, and cap-exempt filings for universities and nonprofits.
- Green Card Sponsorship (PERM & I-140) – Helping H-1B employees transition to permanent residency through employer sponsorship.
- Visa Denials & RFEs (Requests for Evidence) – Providing legal strategies and responses to USCIS challenges.
Consult with an H-1B Visa Attorney Today
Navigating the H-1B visa process requires legal expertise to ensure compliance and increase the chances of approval. Whether you are an employer looking to sponsor a foreign professional or an employee seeking to maintain your work authorization, our team at Wang Law Firm is here to help.
📞 Contact us today for a consultation with an experienced H-1B visa lawyer and explore your immigration option
For H1B visa or status news, information, complexities, and options, as well as Wang Law Firm success stories in such cases, see the Worker page. You may also search the site for a particular topic, and narrow your search by category.