Call us on 0207 100 2525 for immediate help & assistance with your situation.
We’re here to help you in person, via the phone or online.
The H-1B visa is a non-Immigrant US visa obtainable for non-amateurs from every side of the world. These visas are obtainable for work on jobs that are eligible as specialty part or specialty residency under the visa rules of the USA. Nearly all H-1B visas are granted for specialty jobs in engineering, finance, science, and IT.
The number of H-1B give opportunity for to capped at 85,000. Even this figure is divided up into two classifications.
As I mentioned earlier, one classification is for the regular contender. The other is for Individuals who have a higher modification from U.S.-based colleges or universities. A total of 60,000 visas are obtainable every year for the first category. The total visas for the second category are capped at 20,000 per year.
To be eligible for an H1B visa, you must meet a broad set of requirements. Here is a look at these:
• You must hold a bachelor’s or higher degree as required by the specialty role for which you are seeking the visa.
• You must have the relevant licence or certification you need to practice your occupation in U.S.
• Your employer must have submitted a form l-129 petition. This petition confirms that your employer is eligible to hire you as a foreign applicant and that you are eligible to undertake a specialty role in the US as a foreign professional
The visa application process for an H1B visa may be seem intimidating. Its somehow over complicated, given that both the employer and the applicant must take care of several thing and meet rigorous requirements. It is best if you consult an experienced Immigration law firm when applying for visa.
Here is a quick look at how the visa application process works:
1. The employer must file an electronic registration on the USCIS website.
2. During the registration, the employer must provide details about all the employees they wish to hire. The employer must pay $10 for each employee’s registration.
3. Once an employee is selected in the random lottery, the employer must file an LCA for that employer.
4. The employer must then file a visa petition for the approved employee.
5. If you are applying from outside the US, you must apply at a local US embassy or consulate for the visa. You will need to do the following:
6. Submit a form DS-160 online along with the visa fee.
7. Apply with the US, Customers and border protection (CBP) once your visa is approved and you arrive in U.S
8. If you are applying from within the U.S., you must take your approved l-129 form and to go to any approved port of entry in the US. At the entry port, you will be required to fill out two forms: the form l-94 arrival and the form l-94 arrival and the form l-94 departure. Having done so, you can then re-entry the U.S. as a legal H1B visa holder.
It is important to understand exactly what constitutes a specialty occupation for the H-1B visa. For any job to qualify as a specialty occupation, it must meet the following requirements:
• The job must require a bachelor’s or higher degree at a minimum Equivalent degree also qualify.
• The actual nature of the job must be specialized and complex enough so that only someone with a relevant degree can perform it well.
• Most other employers hiring for a similar role also typically require someone with a degree.
• The attainment of the relevant Bachelors or higher degree directly influences a person’s capability to perform the job.
Here Is a list of some specialty occupations that typically qualify for H-1B visa:
-Accountants
-Architects
-Dentists
-Doctors
-Editors
-Financial analysis
-Foreign law advisers
-Health care workers
-IT and computer professionals
-Journalists
-Lawyer
-Management consultants
-Market research
-Nurses
-Physicians
-Psychologists
-Surgeons#
-System analysts
-Teachers
-Technical publications writers
-University professors
This is not an exhaustive list. This means that any other specialty role might qualify as long as it meets the requirements noted above.
Your spouse and unmarried children under the age of 21 can come with you to U.S. if you have an entitle H-1B visa. However, you will have to come up with a plan to make a separate file for visa application for each entitle family member seeking to associate you. Specifically, you must file for the
H-4 non-immigrant status for the associating family members.
The family members can associate you at the time you arrive in the US with your H1B visa. Alternatively, they can join you later. In either case, they may do so only after their H4 visa application is approved.
An H-1B visa authorize you to stick in the US for 3 years. You can apply for an extension so long as the total period you reside in the U.S. on an H1B visa does not exceed 6 years.
If the employer you are working for could have decision to terminate you that could have an effect on you staying in US, it might be cut short. If this is the case, the employer is legally required to pay your return transportation costs. However, you must bear these costs if you choose to resign.
Your accompanying family members are eligible to stay with you in the US for the full duration of your H-1B visa.
Once you become an H-1B visa holder, you are eligible to apply for a green card allows you to become a permanent resident of the US.
There are several ways you can apply for a green card on H1B status. The most common is to file a petition through your sponsoring employer and seek to transition to one of the following visa categories:
– EB1 Visa
– EB2 Visa
– EB3 Visa
Each of these is a green card category so if you are eligible under either of these categories, you receive a green card. Your employer must sponsor your application and file a petition on your behalf for either of these visa categories.
In rare cases, you may be entitled to nominate yourself for an EB-1 visa. This is known as the Extraordinary Ability subcategory, and you must encounter specific requirements to be eligible for this.
If your family members have travelled to the U.S. during the validity of your H1B visa and you later get a green card, they can seek a work permit to continue their stay in the U.S. The most common path in such cases is to file an Application for Employment Authorization by submitting a Form I-765.
At Adam Bernards we provide consular assistance for all the categories of US visas. Consular services give you ease of processing for a lesser fee and for a quicker processing timeframe in contrast to USCIS filings. However, it is imperative you choose the firm that has gained substantial experience in consular based services. We analyse and strategize your concern deeply and translate them into the services providing you with a percentage of chance of success of your applications. We are transparent with the processes and make our clients aware of their case status at every stage in the process. We are thoroughly dedicated to our clients needs and in achieving the best outcome for our clients.
Copyright © 2025 Adam Bernard Solicitors. This Firm is Authorised & Regulated by the Solicitors Regulation Authority SRA NO: 598171, 656730.
