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The H-1B visa is a temporary nonimmigrant visa that allows non-U.S. citizens to work in the United States in specialty occupations. It is important to note that the H-1B visa allows a recipient to temporarily work in the United States for up to 6 years; recipients will need to re-enter the visa lottery after its expiration or apply for lawful permanent residence, both with the help of an employer.

The H-1B visa is available for professional-level jobs that require at least a bachelor’s degree or higher in a particular field. It is important that the type of degree and job match. For example, those with a bachelor’s degree in computer science should seek jobs in the field of computer science.

Employer cooperation is necessary in obtaining this visa as they are responsible for submitting various filings to the Department of Labor and USCIS on behalf of the employee. The employer is legally responsible for covering all legal and filing fees, with no charge to the employee. Approval from both the DOL and USCIS will then require the employee to return to their country of origin to apply for a passport visa to return with valid H-1B status.

It is important to note that there is an annual limit to the number of H-1B visas that can be granted. Since there are more H-1B applicants than visas available, the selection process for who receives one is based on a random lottery. However, those who are applying for H-1B status via a university/college or governmental or nonprofit research organizations are exempt from having to enter the lottery.

If you believe you or anyone in your immediate family qualify and/or would like to learn more about H-1B, please book an appointment with our legal team!

Resources:

• How To Approach Your Employer For Visa Sponsorship - This resource provides guidance for DACA recipients and other undocumented Dreamers on navigating discussions with employers regarding work visa sponsorship. The Informed Immigrant team previously shared this resource, which is also available on the Informed Immigrant website in English and Spanish. 
• Understanding H-1B “Specialty Occupations” - This high-level explainer provides an overview of H-1B “specialty occupations” and outlines eligibility criteria, including degree relevance, potential equivalencies, and the importance of consulting an immigration attorney for guidance. 
• A Brief Overview of H-1B “Cap-Exempt” Employers - This high-level explainer explains the categories of H-1B cap-exempt employers, who are not subject to the annual cap on H-1B visas. It links to a more detailed Path2Papers resource on cap-exempt employers.