H-1B Visa- Frequently Asked Questions


How many H-1B Visas are available each year?
85,000 H-1B Temporary Visas are made available each year. Unfortunately there are never enough visas to supply all the workers who want them – and once the limit is reached, no more H1-B visa petitions can be approved until the start of the next fiscal year, October 1.

Please note: not all 85,000 are freely available. 20,000 are reserved for people with a minimum Master’s level degree from a US academic institution.  And of the remaining 65,000 a certain number are earmarked for Chile and Singapore – which both have signed trade agreements with the US allocating H-1B visas to citizens of those countries.

Are there any exemptions from the H-1B Visa limit?
Yes. H-1B workers who are employed by or have a job offer from institutes of higher education (and their non-profit affiliates); as well as non-profit research or government organizations.

What is a 'specialty occupation' for the purposes of the H-1B visa?
For the purposes of an H-1B visa, a ‘specialty occupation’ is when the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree, or its equivalent.

Can my spouse and children travel with me to the US?
Yes. When you qualify for an H-1B visa, your spouse and our unmarried children under age 21 can apply for H-4 visas by providing proof of their family relationship to you.

Can my spouse and children study in the US?
Yes. With an H-4 visa they can study in the US

Can my spouse and children work in the US?
No. They are not authorized to work in the US as an H-4 visa holder.

How long can a foreign citizen be in H-1B status?
Six years. As an H-1B Visa holder, you may be admitted for a period of up to three years. However, this can be extended, but generally cannot be extended beyond a total of six years. After that time, you must remain outside of the United States for one year before another H-1B visa petition can be approved. (Certain H-1B visa holders working on Defense Department projects may remain in H-1B status for 10 years.)

Can an H-1B visa holder apply to immigrate permanently to the US?
Yes.  Even though it is a Non-immigrant visa, the H-1B is a ‘dual-intent visa’. This means that the visa holder can have legal immigration intent (apply for and obtain a green card) without affecting their H-1B status. You can get a green card through family or employer sponsorship. Our Immigration Law Firm in Orlando can provide advice and assistance every step of the way and help you settle into your new life in the United States.

How long does it take to obtain H-1B visa status?
The H-1B visa processing time varies because all cases are different. Your employer can submit the Labor Condition Application up to six months before you plan to start work and H-1B petitions are normally approved within two to five months.

Is it possible to speed up the process?
Yes, it is possible to speed up the process for an H-1B visa. For $1225 over and above the standard filing fees, USCIS promises “premium processing” of the visa petition, including action on your case within 15 calendar days.

Can an H-1B visa holder travel outside the US?
Yes. You may travel in and out of the US or remain continuously until your H-1B status expires.

Do I need to be in the United States to start the process and instruct the Law Offices of Suzanne E. Vazquez PA to assist me?
No. Our Immigration Law Firm in Florida can correspond with you via Skype, email, telephone, etc. Contact US to arrange a consultation.

Contact us if you are planning to apply for an H-1B Visa

Contact our Board Certified Immigration Attorney today if you think you may qualify for an H-1B visa. You may call us at (407) 674-6968 during office hours or fill out the online form provided on this page and we will get back to you shortly. If you prefer to see us at our Tampa location, please call us at 813-400-0055 to make an appointment. If you have an emergency after office hours please call or text us at (407) 925-2554 and we will contact you shortly.

 

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Member of the AILA - American Immigration Lawyers AssociationAVVO Top Immigration Attorney Suzanne E. VazquezAVVO Board Certified Immigration Lawyer - Clent's Choice 2012Board Certified Immigration Attorney by The Florida Bar

The Information obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own particular case.