An H1B Visa (Specialty Occupation) is a non-immigrant work visa that is available to a foreign national who has been offered a job by a United States company for services to be performed in the U.S. H1B Visas are available to workers in specialty or professional occupations. It allows you to stay and work in the U.S. for an initial period of three years, but must not exceed six years. H1B Visa holders can travel in and out of the United States, when it has been granted by a United States Consulate. Spouses and unmarried children under the age of 21 may receive visas as well. H1B visa holders also have the option of applying for their green card while in the U.S.
A specialty occupation is one that requires theoretical and practical application of a body of highly specialized knowledge and a bachelor’s or higher degree (or its equivalent) in the specific specialty. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations. Under current law, there is an annual limit of 65,000 H1B visas (less 6,800 which are set aside for Singapore and Chile, so the total number of visas for all other countries is actually 58,200). There are an additional 20,000 H-1B visas for graduates of U.S. masters degree (or higher) programs. There are some types of jobs that are exempt from the H1B cap and these are discussed below.
Under current law, an individual can be in H-1B status for a maximum period of six years at a time. After that time an individual must remain outside the United States for one year before another H-1B petition can be approved. Certain H1B holders may be eligible to extend their H1B status beyond the six year limit under AC21 guidelines. Contact our office to see how you may qualify for a 7th or even 10th year H1B extension.
An H-1B visa holder holds the advantage of being able to have “immigrant intent” which means that if they are the beneficiary of an immigrant visa petition, they can apply for adjustment of status, or take the necessary steps of obtaining their green card without adversely affecting his or her H1B status. This is known as "dual intent" and has been recognized in the immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, an individual may travel on his or her H-1B visa rather than obtaining advance parole or requesting other advance permission from USCIS to return to the U.S.
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