H-1B Visas

An H-1B visa is a visa type that allows a U.S.-based employer to temporarily employ a foreign worker. It is called a specialty occupation, but the job is usually linked to a requirement of a university diploma(s) in a specific area of study. It is valid for up to three years to start and one more extension to reach six years. There are limited exceptions for a further extension if a labor certification for a green card has already been approved. Employers are required to pay what the U.S Department of Labor determines is the prevailing wage.

This visa opens up for 65,000 new visas each April 1 and 20,000 more for those with a Master’s or higher. However, usually, all visas are applied for in the first week of April and many people with only an undergraduate degree are shut out due to a huge volume of applications, about three applications are presented for each available H-1B visa for those with only a Bachelor's degree. Those with a  Masters and/or PHD’s usually get in if they apply by April 1. These visas get grabbed very fast, so an applicant should get started with an experienced Immigration attorney by November of each year.

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