Work visa (H-1B)

H-1B visa is an employment-based visa for professionals who work in IT, finance, accounting, architecture, engineering, mathematics, science, medicine and other sectors . You can come to work and live in the states on H1-B if you have a college degree, an employer willing to petition you, and some patience.

H-1B visa requirements include, among others, the applicant having at least a Bachelor’s degree in engineering, programming, science, healthcare or education areas. Alternatively, the applicant shall be able to demonstrate their work experience and/or qualifications equivalent to a degree.

Documents required for this work visa application:

  • A Labor Condition Application form that has been approved by the Department of Labor. This form contains information about the employer and the terms of the contract. The employer must prove that the job requires specific knowledge/expertise.
  • Copy of the applicant’s degree (BA/BS, MSc/MA or Ph.D). An equivalent of a foreign degree diploma is accepted. Work experience will be taken into account in case of incomplete education.
  • A copy of the employer’s state license.
  • A copy of the contract or an offer letter. 

 How to apply for the H1-B visa

Due to restrictions on total number of visas issued annually, the application period for H1-B visas is limited and usually starts on April 1st. 

The US Department of State sets a quota of 85,000 H1B visas granted annually, including 20,000 visas available to foreign nationals holding a master’s degree or higher.  

Due to an extremely high demand, a random selection process, often called a lottery, applies. In other words, even in the case of meeting all the requirements,  there is no guarantee that applicants will be granted H-1B visas. There is a separate lottery for applicants with a Master’s degree from a US university, so their chances to get the H-1B visa are higher.

H-1B visa is initially granted for up to three years. However, it can be extended to a maximum of six years.

Although H-1B is a non-immigrant visa, it is one of the few US visa categories with dual purpose. A holder of an H-1B visa can apply for a green card through the PERM process (EB-2). If an H-1B visa holder does not obtain a green card before the visa expires, they shall leave the US. Nonetheless, they are entitled to apply for another H-1B visa after a cooling-off period of one year. 

Spouses and children of H1B visa holders

Spouses as well as children under 21 years old of H-1B visa holders are entitled to join them in the US under H-4 visa valid for the duration of the main H-1B visa. Holders of H-4 visas are not allowed to work in the US, nonetheless, they are entitled to study at schools, obtain driving licence, open bank accounts in the US.

Please note that an individual can’t apply for the H1-B without an employer who petitions on behalf of the potential employee.