AThe H-1B is a nonimmigrant visa classification that applies to foreign nationals who provide services in a specialty occupation for a sponsoring employer. This visa category requires the sponsoring employer to offer a legitimate job that necessitates at least a U.S. bachelor’s degree (or its foreign equivalent). The foreign national beneficiary must also possess the required bachelor’s degree

AA specialty occupation is a position that requires specialized knowledge and skills, including at least a bachelor’s degree in that field.

AThe H-1B visa is valid for a total of 6 years.

A

Yes, the H-1B can be extended beyond 6 years under certain conditions:

1. If the beneficiary has spent a significant amount of time outside the U.S. during the H-1B validity period, the employer can file a petition to recapture that time.
2. If the employer has filed a PERM labor certification that has been pending for more than 365 days, the H-1B can be extended in one-year increments.
3. If the employer has an approved I-140 petition for the employee, the H-1B can be extended in three-year increments until the individual is eligible to file for I-485.

ARe-capture time refers to the period spent outside the United States during the validity of the H-1B visa. This time can be added to the validity period, effectively extending it beyond 6 years. It is also known as remainder time.

AThe cap refers to the annual limit on the number of H-1B visas available. Since 1990, Congress has capped the number of H-1B visas at 65,000 per year, with an additional 20,000 for foreign nationals who hold a master’s degree. The cap is reached when all visas in these categories have been issued, at which point no new H-1B visas will be granted for that fiscal year. To apply for the H-1B cap, the employer must submit the H-1B registration to USCIS during the open registration period (usually a few weeks in March each year). By April 1st, the employer will receive notification if their employee has been selected under the cap. The employer can then file a cap-subject petition with USCIS for that foreign national beneficiary.

ACertain employers, such as higher education institutions, related nonprofits, nonprofit research organizations, and government research organizations, are exempt from the H-1B cap

AYes. The employer must pay the average wage for similarly employed workers in a specific occupation, known as the “prevailing wage.” Employers cannot pay H-1B workers’ wages lower than the prevailing wage.

AFirst, the employer must obtain a Labor Condition Application (LCA) by filing the ETA 9035 application with the Department of Labor. Once the LCA is certified, the employer submits an I-129 petition to USCIS. After the I-129 is approved, the foreign national must go to the U.S. consulate in their home country to get H-1B stamping (entry visa). Finally, at the port of entry, a CBP officer will review the documentation and admit the H-1B worker into the country. For new H-1Bs, the CBP officer will issue a date indicating how long the H-1B is admitted. If the person is already living in the U.S. under a different visa, they will need to file a change of status application.

AYes. H-1B holders are allowed to bring family members (spouse and children under 21) with them. These dependents will fall under the H-4 visa category. H-4 visa holders are not allowed to work in the United States except in limited circumstances, but they are permitted to attend school.