H-1B Visa Process (Specialty Occupation)

The H-1B visa is for foreign workers in specialty occupations that require specialized knowledge and a bachelor's degree or higher.

Initial Eligibility Assessment:

• Specialty Occupation: The job must require at least a bachelor’s degree or its equivalent in a specialized field (e.g., IT, engineering, healthcare, etc.).
• Educational Requirements: The applicant must have the necessary degree or qualifications related to the occupation.

Gathering of Supporting Documentation:

• Labor Condition Application (LCA): Employer must submit an LCA to ensure the worker is paid fair wages and works in safe conditions.
• Educational Documents: Provide transcripts, diplomas, and other credentials to demonstrate that you meet the qualifications for the position.

Filing the Petition:

• Form I-129: The employer files Form I-129, Petition for a Nonimmigrant Worker, on behalf of the applicant.
• Lottery System: Since the H-1B visa is capped annually (usually 85,000 visas), applicants may be selected through a lottery system. 

Approval & Duration:

• Visa Duration: If approved, the H-1B visa is valid for an initial 3 years, with the possibility of extending it up to 6 years.
• Extension: The visa can be extended for an additional 3 years after the initial period, for a maximum of 6 years total.

Notes:

• H-4 Visas: Spouses and children under 21 can accompany the H-1B holder on an H-4 visa.
• Path to Green Card: H-1B holders can apply for a green card through their employer while on the visa.