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…
Originally published on CGC Firm on January 2018