Immigrating to the United States
Immigrating to the United States At Maimone Legal, we understand that the process of
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What is a H-1B Visas
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The 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.
It’s most commonly used for jobs in technology, engineering, finance, health care, academia, and other skilled professions.
Key Facts:
It’s employer-sponsored — you cannot self-apply.
Only 65,000 regular visas issued per year + 20,000 additional for U.S. Master’s degree holders.
Subject to a lottery system due to high demand.
Initially valid for 3 years, renewable up to a maximum of 6 years.
Maimone Legal
Everything you need to know about H-1B Visas
Specialty Occupation
The job must:
Require a bachelor’s degree or higher (or equivalent) in a specific field
Typically be in professions like:
Software development
Engineering
Accounting
Architecture
Mathematics
Medicine
Qualified Employee
You must:
Have at least a bachelor’s degree in the field of the job offer (or equivalent experience)
Be hired by a U.S. employer willing to sponsor you
Employer Sponsorship
The U.S. company must:
File a Labor Condition Application (LCA) with the Department of Labor
Submit a petition (Form I-129) to USCIS
Spouse and children under 21 can come on H-4 visas
H-4 spouses of H-1B holders in the green card process can apply for work authorization
Children can study but can’t work
You can apply for a green card while on H-1B status
Often used as a bridge to permanent residency
The job doesn’t require a degree or is not in a specialty field
You don’t have the necessary education/experience
The employer isn’t willing to go through the formal application process
Highly competitive lottery
Employer-dependent (changing jobs = new petition)
Strict timelines and quotas
Annual cap fills quickly
