The H-1B visa category applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability. If you fall under any of the above categories and wish to obtain an H-1B visa, please contact San Diego H-1B Visa Lawyer Ali Golchin at (619) 827-8777.
Period of Stay Permitted with H-1B Visa
As an H-1B nonimmigrant, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply under sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21). Call our San Diego H-1B Visa Lawyer for further information.
Your employer will be liable for the reasonable costs of your return transportation if your employer terminates you before the end of your period of authorized stay. Your employer is not responsible for the costs of your return transportation if you voluntarily resign your position. You must contact the Service Center that approved your petition in writing if you believe that your employer has not complied with this requirement.
The H-1B visa has an annual numerical limit “cap” of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are not subject to this numerical cap.
For further information about the numerical cap please contact our San Diego H-1B Visa Lawyer at (619) 827-8777.
Family of H-1B Visa Holders
Your spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification. Family members in the H-4 nonimmigrant classification may not engage in employment in the US.
The job must meet one of the following criteria to qualify as a specialty occupation:
Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position.
The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree.
The employer normally requires a degree or its equivalent for the position
The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with a having a bachelor’s or higher degree.
For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:
Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation.
Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
Help from a San Diego H-1B Visa Lawyer
If you are an employer or employee, and would like to file for H1-B visa, please call a San Diego H-1B Visa Lawyer at (619) 827-8777. We serve clients in 50 states.