H-1B is a nonimmigrant employment visa category for foreign nationals in specialty occupations. A specialty occupation requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation. It requires the attainment of a bachelor’s or higher degree in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.

A U.S. employer must file the H-1B petition. The foreign national is restricted to employment with the petitioning employer. More than one employer can file a petition for the foreign worker. An H-1B worker can change employment if a new employer files a petition. An H-1B visa is issued initially for three years which can be extended to a further period of three years. An individual with H1-B status may bring his spouse and children to live in the US on H-4 status. These family members will be allowed to study while living here, but will not be allowed to work.

A Foreign national may start a company with his own investment and his or her company will be accepted as the U.S. employer if employer-employee relationship can be established by demonstrating that the organization has the right to control the terms and conditions of the of H-1B worker, including the right to hire, fire, pay and supervise.

Requirements

• Foreign national must have a U.S. bachelor’s degree or its equivalent.
• LCA (Labor Condition Application) must be certified by the U.S. Department of Labor.
• Evidence to establish that the proposed employment qualifies as a specialty occupation.