The H-1B visa allows U.S. employers to hire highly skilled foreign professionals to work in specialty occupations. These positions require advanced knowledge and typically a bachelor’s degree or higher in a related field. At Abogada Vida, we guide both employers and employees through the complex H-1B process, helping talented professionals bring their expertise to the United States.
What Is a Specialty Occupation?
The H-1B visa applies to jobs that demand a high level of specialized knowledge and education. Common fields include engineering, computer science, mathematics, architecture, medicine and health, education, law, business specialties, accounting, social sciences, theology, and the arts.
Eligibility Requirements
To qualify for an H-1B visa, the following requirements must be met:
- The position must qualify as a specialty occupation.
- The foreign professional must hold at least a bachelor’s degree in a field directly related to the position.
- The position must qualify as a specialty occupation.
- The employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor, confirming proper wages and working conditions.
Cap and Exemptions
The H-1B program is subject to an annual cap of 65,000 visas, with an additional 20,000 reserved for applicants holding a U.S. master’s degree or higher. Some employers, such as nonprofit research organizations, government research institutions, and universities, are exempt from the cap.
Duration and Extensions
The H-1B visa is typically valid for up to three years and can be extended to a maximum of six years. Employers wishing to retain workers beyond this period may pursue employment-based green cards to secure permanent residency.
How Abogada Vida Helps
- Evaluating eligibility and confirming whether a job qualifies as a specialty occupation
- Assisting employers in filing the required LCA and H-1B petition with USCIS
- Preparing thorough documentation to meet strict H-1B requirements
- Advising professionals on maintaining lawful status and extensions
- Guiding employers and employees toward permanent residency options when appropriate
Build Your Future in the U.S.
The H-1B visa is one of the most important tools for U.S. companies and skilled foreign professionals. At Abogada Vida, we provide trusted legal support to help you navigate the lottery system, filing process, and long-term immigration strategy so you can confidently pursue your new vida in the United States.
Disclaimer: The information provided here is for general informational purposes only and is not intended as legal advice. Immigration law is complex and constantly evolving. For advice tailored to your unique situation, please consult directly with our experienced attorney at Abogada Vida.
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