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The H-1B visa is a temporary worker's visa for specialty occupations. The visa is job and site specific. An employee may work only at the job for which the visa was approved.

An H-1B visa is one of the categories of nonimmigrant visas and it is for people with specialty occupations who wish to work temporarily in the United States. An H-1B visa enables highly skilled international workers and international students the opportunity to legally live and work in the US.

Specialty Occupations

A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology and the arts are specialty occupations.

H-1B Visa Requirements

To obtain an H-1B visa:

• First, an applicant must find a job with an H-1B visa employer company in the US, commonly known as an H-1B sponsor
• Second, an H-1B sponsor must apply for or file the H-1B visa application

Individuals can't sponsor or apply for their own H-1B visas. A sponsoring US employer is required.

Interview

Generally, temporary work visas are applied for at the American Embassy or Consulate with jurisdiction over the applicant's place of permanent residence. As part of the visa application process, an interview at the embassy consular section is required for visa applicants from ages 14 through 79. Persons age 13 and younger, and age 80 and older, generally don't require an interview, unless requested by the embassy or consulate.

Filing an I-129 Petition

US Citizenship and Immigration Services (USCIS) Form I-129 consists of a basic petition and different supplements that apply to the various visa categories. In order to petition for a temporary worker, the prospective employer or agent must file) Form I-129, Petition for Nonimmigrant Worker, and the appropriate H Classification Supplement (included with the form), with the USCIS. Include the required payment and initial evidence or documentation with the application.

Applying for a Visa

A prospective worker outside of the country generally must apply for a visa upon approval of the petition. A prospective worker in the US who isn't in a valid nonimmigrant status or who hasn't continuously maintained her status must also apply for a visa upon approval of the petition.

Length of H-1B Status

An H-1B visa is typically valid for up to six years. After the six-year period, the individual must remain outside the US for one year before another H-1B petition can be approved. Certain individuals working on Defense Department projects may remain in H-1B status for 10 years.

Advantage of H-1B Visa

A main advantage of the H-1B visa is that it allows holders to apply for a Green Card (Legal Permanent Residency).

Questions for Your Attorney

• Must someone with an H-1B visa be working at all times?
• Does an H-1B visa allow for travel outside the US?
• Can an individual with an H-1B visa intend to immigrate permanently to the US?

Related Resources on Lawyers.com^sm

- H-1B Status - Specialty Occupations
- Immigrant Visa FAQ
- Find an Immigration lawyer in your area
- Visit the Immigration - U.S. Issues Message Board for more help

Related Web Links

- Websites of U.S. Embassies, Consulates, and Diplomatic Missions