Getting your United States Work Visa H-1B

Have you received an employment offer from a US company? Do you need to process your work visa? Immigration lawyer James Martin can help you process it.

The H-1B visa is a non-immigrant visa. It allows a US company to employ a foreign individual up to six years and it may lead to a Green Card.

The H-1B visa is a non-immigrant visa that allows business professionals to work in the United States for a specific amount of time. The purpose of the H-1B visa is to give US employers the opportunity to hire foreign professionals. In order for the H-1B visa to be issued, both the employer and employee must satisfy specific requirements.

Employer Requirements

  • The job offer must be in a specialty occupation such as architecture, engineering, mathematics, etc.

  • There are criteria for wages offered and the actual job performed

  • The petition must be submitted by the company (not the employee)

Employee Requirements

  • A Bachelor degree

  • Specialized skill

  • Speak and read English

Employee Rights

  • The benefits offered to the foreign national must be the same as those offered to US workers
  • The spouse may enter on the H-4B visa

H-1B Visa restrictions and limits

  • 65,000 visas are issued every year

  • Non-profit organizations are excluded from the annual cap

  • Higher education institutions are excluded from the annual cap

  • H-1B visas are issued for a maximum of 6 years

Passport, American visa and social security cardThe H-1B program is criticized from different perspectives. The wages are kept lower in certain H-1B related industries as foreigners will accept a lower wage for the opportunity to work in the United States.

Foreigners cannot easily change job in comparison to a U.S. citizen or resident, which makes an H-1B worker attractive for many employers. Several universities offering higher IT degrees are criticized for bringing in many foreign nationals for the purpose of educating them to H-1B jobs thus discouraging citizens and residents from choosing such degree programs.

USCIS received approximately 124,000 H-1B petitions during the 2013 filing period, including petitions filed for the advanced degree exemption. On April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.

How do you make your dream of living in the United States become a reality?  How do you know what your options are? Immigration lawyer James Martin can help you.

James G. Martin is an attorney duly licensed in the states of New York and New Jersey. As immigration law is a federal practice, he is legally permitted to practice immigration law in all 50 states. Schedule your consultation with immigration lawyer James G. Martin today calling at 941-953-3900 or emailing at

DISCLAIMER: The information provided is for basic informational purposes and should not be construed as legal advice and that the persons should see the personal advice of a duly licensed attorney knowledgeable of immigration law.

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