Who can apply for H-1B Visa

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The H-1B visa is a non-immigrant visa that allows U.S. employers to hire foreign workers in specialty occupations. To be eligible for an H-1B visa, you must meet the following requirements:

  1. You must have a job offer from a U.S. employer who is willing to sponsor your visa.
  2. The job must be a specialty occupation that requires a minimum of a bachelor’s degree or equivalent experience.
  3. You must have the required education or experience for the specialty occupation.
  4. The U.S. employer must submit a Labor Condition Application (LCA) to the U.S. Department of Labor and attest to complying with certain wage and working conditions.
  5. The U.S. employer must file an H-1B petition with the U.S. Citizenship and Immigration Services (USCIS).
  6. You must not have violated any U.S. immigration laws or overstayed a previous visa.

There is an annual cap on the number of H-1B visas that are issued each fiscal year. The cap is set at 65,000 visas, with an additional 20,000 visas available for individuals who have obtained a master’s degree or higher from a U.S. institution of higher education.

It’s important to note that H-1B visa holders are authorized to work in the U.S. for the sponsoring employer only and must maintain their status by complying with all immigration regulations. They may also be eligible for extensions beyond the initial three-year validity period of the visa, subject to certain conditions.

Author: Mayur Vinod Faria

This is Advocate Mayur Faria. I hope you found my information useful.