H-1b Visa

H-1b Visa Requirements

The H-1b visa program allows 85,000 immigrants each year to receive a work visa that allows them to work as professionals for up to six years or more. Professionals must be sponsored by a U.S. employer and have a bachelor’s degree or its equivalent. If the professional does not yet have a degree, they may still qualify for an H-1b visa if they have sufficient work experience in their field.

Typically, H-1b professionals first start their U.S. immigration journey as F-1 university students. After graduation, they may do an internship using their Optional Practical Training (OPT) or Curricular Practical Training (CPT) work authorization, after which their employer sponsors them for the H-1b visa.

H-1b Visa Lottery

Since only 85,000 visas are available each year, employers must enter a lottery each March to compete for the chance to sponsor an H-1b professional. Many more employers enter the lottery than visas are available; in 2023, for example, the H-1b visa lottery received more than 700,000 entries, and chances of being selected were thus quite low.

If an employer is selected for an H-1b visa, they may then file the visa application from April 1 to June 30. The professional may then start work on October 1. F-1 students on OPT may file for a “cap gap” extension of their work authorization until October 1, so that they can keep working after their OPT expires that summer.

H-1b Cap

Note that some H-1b visa employers and workers may be cap-exempt, which means that they do not need to enter the lottery. Such employers or workers may file the H-1b visa application at any time throughout the year. Such employers typically include universities and non-profit or government research organizations, or their affiliates.

Workers may be cap-exempt if they previously held H-1b status and worked for less than six years. This is called recapturing unused H-1b time.

H-1b Extension

Typically, H-1b visas are granted in three-year increments. At the end of the three years, the employer may file an H-1b extension application to allow the professional three more years under the program, for a total of six years.

Note that certain employment-based green card applicants may extend their H-1b visa past six years if more than a year has passed since either their employer filed a Labor Certification application (also called PERM) using form ETA 9089, or either the employer or the worker filed form I-140 with USCIS, the permanent residence petition. Workers can self-sponsor their own green card using form I-140 under the EB-1a or EB-2 NIW classifications.

H-1b Visa Lawyer New York

If you wish to apply for an H-1b visa, it’s important to speak with an experienced attorney. Please contact us today: +1 845-288-2435 / beaconimmigrationlawyer@gmail.com.

Beacon Immigration PLLC is a law firm located in the Hudson Valley of New York at 6 Eliza Street, Suite 5, Beacon, NY 12508 (Dutchess County).