The H-1B is a non-immigrant visa that allows United States employers to recruit and temporarily employ foreign workers in specialty occupations for a specified time period.
Requirements for an H-1B Visa:
- Employee must have a bachelor’s degree or equivalent experience
- Employer must obtain a Labor Condition Application from the U.S. Department of Labor before filing the H-1B petition with the USCIS
- Employees that have previously received an H-1B visa, or been granted H-1B status are generally exempt from the numerical limitations
- An employee who is currently employed under H1B status can transition their H-1B to a different employer (by using the portability provisions of the American Competitiveness in the Twenty-First Century Act -AC21 )
- Spouses and minor children of H-1B employees are authorized to live in the United States under H-4 status. They can study but are not permitted to work
Employers must file H-1-B petitions on behalf of employees. The Manne Law Firm can help employers interested in filing H-1B petitions. Please contact us to learn more and to schedule a consultation.