The H-1B is one of the best known options for foreign specialists who want to work in the USA in a profession that requires specialised knowledge. American companies use it to hire qualified workers from other countries, and it is especially common in IT, engineering, science, finance, medicine and other professional fields.
The H-1B is not, though, a visa a person normally arranges entirely on their own. The main part in the process is played by the American employer, who has to offer a qualified specialist a suitable position and file the necessary documents with the US immigration authorities.
What the H-1B is
The H-1B is a non-immigrant work category intended for the temporary employment of a foreign specialist in the USA. The key condition is that the position on offer must be a specialty occupation — that is, it must require the application of specialised knowledge and usually a relevant university degree or its equivalent. The H-1B can be used, for example, for certain positions as a programmer, an engineer, an analyst, an architect, a researcher or another specialist, if that particular job meets the established requirements.
Who can apply for an H-1B
A degree or long work experience does not by itself guarantee an H-1B. Both the specialist and the particular position have to meet the requirements at the same time. The candidate is usually expected to have an education related to the work on offer. In some cases the qualification can be established through an equivalent combination of education and professional experience.
The match between the specialist's education, their professional qualification and the duties of the position on offer matters a great deal.
Do you need an employer in the USA
Yes. In most cases the H-1B process begins with an American employer. The company has to offer the foreign specialist a specific position and act as the petitioning employer. It is responsible for filing the necessary documents and meeting the requirements that come with hiring a foreign worker.
Finding an employer willing to sponsor an H-1B is therefore one of the key stages of the whole process.
How the H-1B process works
The process can look different depending on the situation, but it usually involves several stages in sequence. First the specialist receives a job offer from an American company. The employer assesses the position and the candidate's qualifications, and then prepares the necessary documents.
For many applicants an important stage is registration in the USCIS system before the selection procedure. If the registration is selected within the established limit, the employer can go on to file the petition. The relevant petition is then filed with USCIS. If it is approved, the specialist can continue with the visa process or a change of status, depending on where they are and how they plan to start work.
The H-1B lottery
One feature of the H-1B is that the number of visas is capped each year. That is why there is a registration and selection procedure for a large number of applicants. Having a suitable job and the right qualifications does not automatically mean being able to file a petition under the ordinary annual cap.
Certain categories of employer and worker may be exempt from the standard cap. Some institutions of higher education and organisations connected with them, for instance, may be subject to special rules.
How long an H-1B lasts
In a standard case an H-1B may be granted initially for up to three years, with the possibility of extension. The overall standard period of stay in H-1B status is usually up to six years. Immigration law does, however, provide for circumstances in which that period can be extended beyond the ordinary limit.
That matters particularly for specialists who plan to move on to an immigrant status and apply for permanent residence.
Can an H-1B be extended
Yes; where the relevant conditions are met, H-1B status can be extended. An extension is usually tied to continued employment with the employer and to the grounds for the H-1B still holding. The employer has to attend to the necessary procedures in good time.
If a specialist plans to continue their career in the USA, they should not wait until their current status runs out. Immigration processes need planning in advance.
Can you change employer
In certain circumstances an H-1B holder can move to another employer. To do that, the new employer has to file the relevant petition. This is often called an H-1B transfer, although legally it is a new petition rather than simply moving an existing visa across.
It is important not to start work with a new employer without understanding the requirements of the applicable law and the rules that govern changing employer.
Can you work for several employers
In some cases a specialist can work for more than one employer, but each additional job may require separate immigration steps.
So having an H-1B with one employer does not automatically give the right to work anywhere, or at several companies at once. Every working arrangement has to match the terms of the approved petition.
Can you bring your family
The spouse and children of an H-1B holder can, in certain circumstances, obtain dependent H-4 status. Family members do not receive an H-1B automatically, because their status rests on the status of the principal applicant. For some spouses in H-4 status there may be ways to obtain work authorisation, but these depend on the specific conditions and on the immigration situation of the principal H-1B worker.
Can you get a Green Card through an H-1B
The H-1B is often seen as one of the statuses a specialist can use on the way to permanent residence in the USA. Unlike many other non-immigrant categories, the H-1B allows what is known as dual intent. That means a person can be in H-1B status temporarily and at the same time intend to obtain permanent residence in the future.
An employer might, for example, begin the employment-based immigration process for a member of staff. Depending on the profession, the qualifications and the circumstances, that can lead to one of the employment-based Green Card categories. But an H-1B does not turn into a Green Card by itself. Permanent residence requires a separate immigration process.
The salary of an H-1B specialist
The employer has to follow the rules on paying a foreign specialist. The level of pay depends on the profession, the place of work, the level of the position and other factors. An important part is played by what is called the prevailing wage — the level of pay that matches that particular profession and region.
An employer cannot simply set an arbitrary minimum salary if it does not meet the requirements of the applicable law.
Where H-1B holders most often work
The H-1B is especially common in fields that call for specialised knowledge and professional qualifications. Among them are information technology, programming, engineering, finance, analytics, architecture, scientific research and other professional areas.
The profession itself, though, does not guarantee that the H-1B requirements are met. What matters is the actual duties, the employer's requirements and the specialist's qualifications.
Can you study on an H-1B
An H-1B holder can study in certain circumstances, but the main purpose of the status remains the authorised work. If a person wants to move from work to study altogether, a change of status or another appropriate category may be required. So if plans change significantly, it is important to check the immigration consequences in advance.
What happens if you lose your job
Losing a job can have serious consequences for a person in H-1B status. In certain circumstances the law allows a limited period after employment ends during which the person can try to find a new employer, apply for another category or prepare to leave the USA.
For that reason it is important to act quickly on losing a job and not to leave the question of status unattended.
Which documents are needed
The list of documents depends on the situation and the stage of the process. It usually involves a passport, education documents, a resume and professional material, information about the employer and the position, documents proving qualifications, and material that the employer files.
Changing employer or extending an H-1B may call for additional documents.
What it costs
The H-1B involves several kinds of government and administrative fee. Depending on the circumstances, the employer pays part of the cost, and some additional services can increase the overall cost of the process. The amounts and the rules on fees can change, so check the current information on the official USCIS website before filing.
The employer may also pay for an immigration lawyer, the preparation of documents and other related costs.
The H-1B and remote work
Working remotely does not by itself remove the H-1B requirements. If the actual place of work changes, that can matter for the terms of the petition, especially if the employee moves to another region.
The employer has to make sure the terms of employment match the petition that was filed and approved.
The main causes of trouble with an H-1B
Problems can arise if the position does not sufficiently meet the specialty occupation requirements, if the specialist's qualifications are not established, or if the information in the documents raises questions.
Extra attention may be paid to whether the job on offer is real, to the terms of employment, to the place of work and to whether the salary meets the established requirements. That is exactly why the preparation of documents has to be consistent and accurate.
The H-1B for foreign students
For foreign students the H-1B can be one way of continuing a career in the USA after finishing their studies. A graduate of an American university might, for example, first use the practical work options allowed under their student status, after which an employer can consider sponsoring an H-1B.
Graduates in STEM fields may have additional options for temporary practical work, which gives more time to plan the next steps of an immigration path.
In short
The H-1B is a complex work category that allows qualified foreign specialists to work in the USA in a profession requiring specialised knowledge.
The main parties to the process are the foreign specialist and the American employer. The requirements for the position and the qualifications have to be met, the rules of the process followed and the annual caps taken into account. If the H-1B is being considered as a long-term route to a career and a life in the USA, it is important to plan the next steps in advance, including a possible change of employer, an extension of status and employment-based immigration.
Because the H-1B rules, the fees and the administrative procedures can change, check the current information on the official resources of USCIS and the US Department of State before filing.
End of the article.
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