H-1B visa

The H-1B visa is a non-immigrant visa designed for foreign professionals with a higher education degree who have received a job offer from a U.S. company. It provides the opportunity to work in the U.S. for an extended period. The right to obtain this visa is reserved for specialists in specific fields, such as engineers, architects, accountants, and programmers.

Key points about the H-1B visa:

Applicant Requirements: The applicant must have a degree at least equivalent to a bachelor’s and a job offer from a U.S. employer. Petition Filing Process: The employer initiates the H-1B visa application process by collecting the necessary documents and filing a petition with USCIS. Required Documents: The document package includes the Labor Condition Application (LCA) form from the U.S. Department of Labor, documents confirming the required qualification level, the bachelor’s degree diploma, the company’s registration license, the written employment contract, and others. No Labor Certification Required: The H-1B visa does not require undergoing labor certification with the U.S. Department of Labor. Family Privileges: The applicant’s family (spouse and underage children) can obtain H-4 visas, allowing them to reside and study in the U.S., but without the right to work. Transition to Green Card: H-1B visa holders may have the opportunity to transition to a green card (EB-2/EB-3) at the employer’s discretion. It’s important to note that the H-1B visa application process is always initiated by the U.S. employer, who gathers and provides all necessary documents for a successful petition.

7.01.2024