H-1B Work Visa
Serving Employers and Employees Nationwide
The H-1B is a temporary visa category that allows employers to petition for highly educated foreign professionals to work in specialty occupations which require at least a bachelor’s degree or the equivalent.
For those who don’t know much about the H-1B visa process, this page will give you information on how it works, who qualifies, and more importantly, how to apply.
Important H-1B 2024 Dates and Timelines
H-1B Registration Period
March 1 – March 18
Lottery Results Release Period
March – August
Petition Filing Deadline
Effective Date of H-1B
Validation Period of First Approved H1B
Available to renew for another 3 years.
6 year maximum
For Prospective Employees
Specialty Position Job Offer
Applicant must hold a job offer from a qualifying employer that requires specialized knowledge.
Proof of Advanced Education
Applicants must have proof of Bachelor’s Degree (U.S. or International) or equivalent relevant to offered position.
Applicant Pool Gap
Prospective employer must show there is a lack of qualified domestic talent for the role and the role offered to the potential is eligible.
For Prospective Employers
Compliant Recruitment & Job Description
Employer must ensure the job descriptions are compliant with a “specialty occupation”
Compliant Pay Rate & Salary
Salary must be above prevailing wages set by Department of Labor and be comparable to domestic wage structures for the position.
Labor Condition Application
Employer must be granted a Labor Condition Application by the Department of Labor.
H-1B FAQs for Employees
If you are a potential H1B employee, review these frequently asked questions for more information.
Can I apply for an H1B Visa?
What are the requirements of an H1B position?
The H1B position must be a specialty occupation, and the foreign national’s major must be relevant to the position.
What is a “specialty occupation?”
What is the H1B “cap?”
Is an H1B Visa mandatory before applying for EB2/3 PERM?
It is not! The PERM process can be started while the prospective employee is outside of the United States.
Is the employee required to be in U.S. to apply for an H1B?
No. The prospective employee can be anywhere when the company files the H1B applications and must be on-site and start working under the status by October 1st if the H1B is approved.
If I was on a previous H1B and have since left the position, am I subject to the lottery again?
No, if your initial H1B was an H1B cap, you can reactivate your H1B status without registering for another lottery.
H-1B FAQs for Employers
Does your business qualify for H1B sponsorship? What considerations must you take prior to petitioning for an H1b required position?
How can I hire an H1B worker?
Does my company need to be a certain size to hire an H1B employee?
Does my company need to generate a certain amount of revenue to hire an H1B employee?
Does my company need to be in a certain industry to hire an H1B employee?
Can I offer a part-time H1B position?
Yes, you can. The H1B position may be full or part-time.
Can I hire an H1B worker?
Yes, you can file H1-B concurrent as long as the other H1-B position is a part-time position and your offer H1-B position is also a part-time position (or one is full-time and the other is part-time), so the foreign labor worker works a reasonable 40-60 hours a week.
Can I terminate an H1B employee at will?
Yes, you can.
How do I determine if actual pay is above the required prevailing wage?
We can run a prevailing wage search based on the job title, job duties, and work location. We suggest you contact us or submit an inquiry below
Trusted by Corporations Worldwide
Recent Approved H1-B Positions
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Information Security Engineer
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OpenShift Platforms Architect
Principal Quality Engineer
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Technical Business Analysis Engineer
Post-Filing Issues: Request for Evidence (RFE)
There are three common issues for post-filing requests for evidence: USCIS might say that the job isn’t a specialty occupation, they might not accept your qualifications, or you’ve changed your status in the US.
1 .Specialty Occupation
A common problem is that USCIS challenges if the proffered position is a specialty occupation. A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge and that requires the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States. To qualify as a specialty occupation the position must meet at least one of the following criteria:
- A bachelor’s or higher degree or its equivalent that is normally the minimum entry requirement for the position; the required degree must be related to the position to be filled.
- The degree requirement is common to the industry, or in the alternative, the position is so complex or unique that it can be performed only by an individual with a degree;
- The employer normally requires a degree or its equivalent for the position; or the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.
2. Beneficiary’s Qualification
This issue is very rare. This issue is to challenge the beneficiary’s qualification instead of the proffered position. In order to be qualified for this position, the beneficiary must obtain the minimum required education degree, and such degree must be related to the position to be filled and must obtain the special skills and knowledge required in this position.
3. Change of Status
A beneficiary can choose to change the status within the United States, or leave the country and obtain a valid visa to reentry. Most of the beneficiaries prefer to change the status to H-1B status within the United States to avoid traveling and risks of denial. To change the status within the United States, the beneficiary must in a valid nonimmigrant status at the time the instant petition was filed, or the requested start date of the instant petition, whichever is later.