The H-1B visa program allows skilled individuals to work in the United States on a non-immigrant, temporary basis for an initial period of up to 3 years. Issuance of H-1B visas is subject to an annual cap set by the government of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf or beneficiaries with a U.S. master’s degree or higher are exempt from the cap, as are petitions filed for H-1B workers who work or will work at universities and certain nonprofit entities and research organizations.
Most H-1B applicants begin the process by having their employer submit a Labor Condition Application to the U.S. Department of Labor. Once certification of the Labor Condition Application is received by the employer, the employer will file Form I-129, Petition for a Nonimmigrant Worker. Following approval of the I-129, the prospective H-1B worker can apply for a visa, if necessary, with the U.S. Department of State and apply to U.S. Customs and Border Protection for entry into the United States.
Fears Nachawati works with employers and employees on all stages of the H-1B visa application process. Contact us today for a consultation with an experienced immigration attorney.