What is an H-1B Visa? How to Obtain It?

By Asim Kilinc, Immigration Attorney at CK Law Firm

The H-1B visa is a temporary work permit designed for foreign professionals who wish to work in the U.S. This type of visa is especially important for highly skilled workers and allows U.S. employers to hire foreign employees for positions that require specialized knowledge and skills. In this article, we will detail what the H-1B visa is and how to apply for it:

• What is an H-1B Visa?
• What are the Advantages of the H-1B Visa?
• What are the Requirements for the H-1B Visa?
• How to Apply for the H-1B Visa?
• H-1B Visa Duration and Renewal

If you have additional questions about the H-1B visa, please don’t hesitate to reach out to me through the comments section below, by sending me a message directly via LinkedIn, or via the CK Law Firm website, where I am a co-founder.

What is an H-1B Visa?

The H-1B visa is regulated under section 101(b) of the U.S. Immigration and Nationality Act and applies to “specialty occupations.” These occupations typically involve fields that require advanced education and expertise, such as science, engineering, information technology, finance, and healthcare. H-1B visa holders may temporarily reside in the U.S. to work for a specific employer.

Advantages of the H-1B Visa

The H-1B visa offers many benefits to foreign professionals who want to work in the U.S.:

1. Legal Work Authorization in the U.S.
   The H-1B visa grants foreign professionals the legal right to work in the U.S. It provides them with an opportunity to develop their careers by working for a specific employer in the U.S. This is especially beneficial for those seeking to gain experience in the U.S. job market.
   
2. Long-Term Employment Opportunities
   Typically, the H-1B visa is granted for an initial period of 3 years and can be extended up to 6 years. This long-term work opportunity allows visa holders to work steadily in the U.S. and advance their careers. During this period, H-1B holders can also work on long-term projects with their U.S. employers.
   
3. Eligibility for Green Card Application
   H-1B visa holders may apply for permanent residency (Green Card) in the U.S., provided they meet certain conditions. The H-1B visa is considered a significant step toward transitioning to a Green Card, enhancing the opportunity for visa holders to live and work in the U.S. permanently.
   
4. Family Members Can Join in the U.S.
   H-1B visa holders can apply for H-4 visas for their spouses and unmarried children under 21 years of age. With the H-4 visa, family members can come to the U.S. and live with the visa holder. Under certain conditions, H-4 spouses may also apply for a work permit.
   
5. Professional Development and Educational Opportunities
   By working in the U.S., H-1B visa holders can develop their professional skills and gain a competitive edge in the global job market. They may also have the opportunity to participate in various educational and certification programs in the U.S., which can help advance their careers and obtain internationally recognized qualifications.
   
6. High Salaries and Social Benefits
   Working in the U.S. often comes with high salaries and various social benefits. H-1B visa holders may benefit from health insurance, retirement plans, and other social benefits offered by U.S. employers, improving their overall quality of life in the U.S.
   
7. Freedom to Travel
   H-1B visa holders are allowed to leave and re-enter the U.S. during their visa period. This provides flexibility for those who need to travel for work or personal reasons. However, it is essential to ensure that their visa status is up to date before making travel plans.

Requirements for the H-1B Visa

To apply for an H-1B visa, the following conditions must be met:

Employer Sponsorship

A U.S.-based employer must sponsor the foreign professional for the H-1B visa. The employer must prove the need for the foreign worker and demonstrate that there are no sufficient qualified American citizens available for the position. Additionally, the employer must show that the salary offered to the H-1B worker aligns with the wages paid to similarly qualified American workers.

Specialty Occupation

The H-1B visa only applies to certain occupations. Accepted occupations typically require advanced expertise in fields such as science, engineering, IT, finance, and healthcare.

Education and Professional Qualifications

The applicant must possess the necessary education and qualifications for the position. Typically, at least a bachelor’s degree is required. In some cases, equivalent professional experience may also be accepted. The application must include educational and professional documentation.

Annual Cap

H-1B visa applications are subject to an annual cap. The U.S. Citizenship and Immigration Services (USCIS) grants 65,000 new H-1B visas annually, with an additional 20,000 visas reserved for foreign nationals who have graduated from U.S. higher education institutions. Applications usually open in April, and once the cap is reached, the application window closes.

Application Process and Required Documents

The employer must submit a Labor Condition Application (LCA) to the U.S. Department of Labor. After the LCA is approved, the employer submits Form I-129 to USCIS, along with relevant fees and supporting documentation.

How to Apply for an H-1B Visa?

1. Labor Condition Application (LCA) Approval
   The employer first submits the LCA to the U.S. Department of Labor.
2. Form I-129 Petition
   Once the LCA is approved, the employer submits Form I-129 to USCIS.
3. Fees
   Application fees are usually covered by the employer.
4. Lottery Process
   If the cap is reached, USCIS uses a lottery to decide which applications will be processed.
5. Application Result
   USCIS reviews the application and issues a decision. If approved, the applicant can travel to the U.S. to begin working.

H-1B Visa Duration and Renewal

The H-1B visa is typically granted for 3 years and can be extended for up to 6 years. When the visa period expires, the applicant must either leave the U.S. or renew the visa.

Conclusion

The H-1B visa is an important opportunity for foreign professionals to work in the U.S. However, due to the complexity of the process and the annual cap system, it is essential to carefully manage the process. For more detailed information and consultation services, feel free to contact us through the CK Law Firm website at cklawfirm.org, via email at info@cklawfirm.org, or reach out to us on LinkedIn.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.