There are many complex nuances to the H-1B, but the basics are as follows. The H-1B is for those working in a “specialty occupation” for a U.S. company. Generally, the position must require a bachelor’s degree or the equivalent, and the foreign national must possess a related bachelor’s degree or equivalent. If you do not have a U.S. bachelor’s degree, consult with a lawyer to determine whether you have the equivalent under H-1B standards through either work experience, education, or a combination of both. The law itself is at INA §101(a)(15)(H)(i)(b) and the regulations can be found at 8 CFR § 214.2 and 22 CFR 41.53.
Timing requirements. Those interested in applying for an H-1B visa in Fiscal Year 2019 may begin work in October of 2018 if approved and can apply no earlier than April 1st, 2018. If the past is any indication, the cap will be reached immediately with far more petitions than there are spots available. This means that you should hire a good immigration lawyer immediately to help you prepare well in advance of the filing time. We recommend that you hire a lawyer for your case by the end of January 2018 for Fiscal Year 2019.
Length of Stay. H-1B status is generally granted for three years with the possibility of one additional extension of three more years for a total of six. In certain circumstances, you can extend your H-1B status beyond the six-year limit depending upon where you are in the green card process (if you have applied for one).
H-1B Cap. With few exceptions, there are only 65,000 H-1B visas available each year, and out of this already low number, up to 6800 are first made available to Chileans and Singaporeans as H-1B1 visas. An additional 20,000 H-1B visas are available for those with U.S. masters degrees or higher. And there is a notable exemption from these cap limits for certain educational and nonprofit organizations.
Spouses and children. Spouses and children of someone in H-1B status can apply for H-4 status. In certain circumstances, an H-4 spouse can apply for work authorization. It should be noted that, as of this writing, this work authorization is in jeopardy: https://www.reginfo.gov…
For more information on your options if you want to use a specialty occupation visa to come to the United States, contact Craig Dobson
Crystal & Giannoni-Crystal, LLC is a “lawyers for lawyers and international matters” boutique law firm. The firm has offices in Charleston, SC, New York, NY, and Washington, DC. The firm is available to serve clients – in association when needed with local counsel – with transactions in Italy, Spain, Germany, France, Portugal, UK, Mainland China, Hong Kong, India, Indonesia, Australia, Latin America, Brazil, and Argentina. In the U.S., we are able to offer our full list of services in New York, including the Bronx, Brooklyn, Manhattan, Queens, Staten Island, and Westchester County, in the District of Columbia, in South Carolina, including Aiken County, Anderson County, Beaufort County, Berkeley County, Charleston County, Dorchester County, Florence County, Greenville County, Horry County, Richland County, Spartanburg County, Sumter County and York County, and the communities of Charleston, Myrtle Beach, Sumter, Florence, Columbia, Lexington, Aiken, Rock Hill, Greenville, Spartanburg, Anderson, and Hilton Head, in Georgia, including Savannah and the whole Chatham county.
