H-1B Professional worker visa

The H-1B is a non-immigrant visa category in the United States under the Immigration & Nationality Act. It allows U.S. employers to seek temporary help from skilled foreigners.

If you want to learn more about the H1 visa, please visit our Frequently Asked Questions.

The H-1B classification is for “specialty occupations” only. The occupation must require a bachelor’s degree or equivalent for the application of theoretical and highly specialized knowledge. Likewise, the foreign worker must possess at least a bachelor’s degree or its equivalent and state licensure, if required to practice in that field. H-1B work-authorization is strictly limited to employment by the sponsoring employer. The regulations define a “specialty occupation” as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum.

The duration of stay is 3 years, extendible to 6. An exception to maximum length of stay applies in certain circumstances: (i) 1 year extensions if a labor certification application has been filed and is pending for at least 365 days; and (ii) 3 year extensions if an I-140 has been approved H-1B visa holders may be sponsored for their green cards by their employers through an Application for Alien Labor Certification, filed with the U.S. Department of Labor. In the past, the sponsorship process has taken several years, and for much of that time the H-1B visa holder was unable to change jobs without losing their place in line for the green card.

The H-1B visa is designed to allow skilled professionals on a specific occupation to work in the U.S. on a temporary basis. The H-1B application process is filed if the employer is the petitioner while the foreign professional worker is the beneficiary. The foreign worker must possess at least a bachelor's degree or the equivalent.

The H-1B visa is suitable for foreign professionals in the engineering field, technology and software development and other specialty areas in the tech industry.

If you would like to speak with an experienced immigration lawyer in the heart of Silicon Valley about the H-1B status to hire professional foreign workers, contact the San Jose immigration attorneys of Muston & Jack, P.C.,  and schedule a time to meet via telephone or in person to discuss the situation in detail.