Nonimmigrant Visa for Specialized Occupations
One commonly sought nonimmigrant visa is the H-1B visa, which is granted to temporary foreign workers in specialty occupations. The United States employer who proposes to employ the nonimmigrant worker must petition for the worker's eligibility under the H-1B classification.
An immigration lawyer can tell you more about the H-1B classification, and help you with application and renewal of your H-1B visa as well as how to transition from H-1B Temporary Worker status to permanent residency.
Who Qualifies for a Temporary Worker H-1B Visa?
According to government regulations, the H-1B classification of visa applies to individuals in a specialized field of work that requires completion of a higher education degree as a minimum requirement for entry into the field. Those who work in the United States with an H-1B visa may include temporary faculty or researchers at universities, business consultants, and programmers and project managers in high-tech fields.
The Secretary of Labor grants a maximum of 65,000 H-1B visas per year. Government and Department of Defense consultants and administrators may also grant a total of 100 H-1B visas.
Visa Application process
Visa Application and Interview
Anyone who wishes to apply for a temporary work visa, including the H1B visa, may apply at any American Embassy or American Consulate, though United States Customs and Immigration Services (USCIS) recommends that individuals apply in the U.S. consular office located in their country of permanent residence.
Your U.S. employer must complete an I-129 form, "Petition for Nonimmigrant Worker," and have it approved in order for you to complete a visa application. The applicant will complete Form DS-156, the Nonimmigrant Visa Application. Some individuals, including all male applicants between 16-45 and those coming from North Korea, Cuba, Syria, Sudan, and Iran, will be required to complete a Supplement Nonimmigrant Visa Application, Form DS-157.
The application process involves an interview (for persons 14-79 years old), which must be scheduled after your I-129 petition has been approved. At the interview, a digital fingerprint will be taken. The wait time for an interview varies, and so it makes sense to schedule it as early before you plan to leave.
Visa Application Fees
On January 1, 2008, the Department of State raised the fees for visa services. The current application fee for a visa is $131, and all nonimmigrant workers must also obtain a "border crossing card" good for ten years, also $131.
Entering the United States
At the port of entry, the DHS Customs and Border Protection officials will meet with you to permit or deny entry into the United States. The length of your visit will be determined on the Arrival-Departure Record, Form I-94. You will also be enrolled in the US-VISIT entry-exit program at the port of entry.
Can I Bring Family Members into the Country with an H1B Visa?
Yes. Your spouse and unmarried, minor children may be classified as a nonimmigrant to accompany or join you. However, anyone who receives a visa as spouse or child of a temporary worker may not accept employment in the United States; you as the main applicant must show that you are able to support your entire family throughout your stay.
Can I Receive a Time Extension to Stay Longer on an H-1B Visa?
Yes. In some cases, USCIS may grant an extension, usually to complete the work for which the temporary worker visa was granted. Any extension or renewal must be requested by your employer. After this extension is completed, you must remain abroad for a period of time that the USCIS establishes before returning to the United States under any temporary worker category. Extension may not be granted for a period of more than six years, unless sufficient progress is made to establish conditions for permanent residency.
Speak to an Immigration Lawyer for More Information about the H-1B Visa!
The application process for an H-1B Visa can be difficult and time-consuming. If you are seeking help with the visa process or encountering a problem with your visa application or renewal, an immigration lawyer can help assist you and explain how relevant parts of U.S. immigration law might help you.
If you'd like to speak with an immigration lawyer, simply call us at (877) 444-1074 or fill out our Immigration Case Evaluation Form.