The H-1B is a nonimmigrant visa for specialty occupation workers in fields that typically require a bachelor's degree or higher, such as engineering, IT, finance, and healthcare.
The position must qualify as a specialty occupation, and the worker must hold the required degree or its equivalent. Employers must file a Labor Condition Application (LCA) with the Department of Labor certifying they will pay the prevailing wage and that the hire will not adversely affect similarly employed U.S. workers.
Employers submit an electronic registration during the annual registration period; if selected in the lottery, they file Form I-129 with the certified LCA and supporting evidence of the beneficiary's qualifications.
H-1B status is initially granted for up to three years and can be extended, generally up to a six-year maximum absent an approved immigrant petition, which allows further extensions.
This overview is for general information only and is not legal advice. Current forms, fees, and eligibility rules should always be confirmed against official USCIS and U.S. Department of State guidance, or with one of our attorneys, before filing.
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