H-1B visa allows foreign workers to legally work in the U.S. for a certain amount of time.
When applying for a H-1B visa, the employer becomes the Petitioner, and the employee becomes the Beneficiary. H-1B visas are given to employees seeking a position requiring, at least, a Bachelor’s degree - Specialty Occupation. Also, all H-1B visa-seeking beneficiaries can apply for a H-4 visa for his or her spouse and children, under 21, to accompany the beneficiaries. The Specialty Occupation is determined by the position offered, not by the employee’s degree. It is incorrect to restrict certain job positions without looking into the details of the position and the employee. In order to determine whether you are eligible for H-1B visa, please contact our office to consult with one of our lawyers.
There is only certain amount of H-1B that can be issued per fiscal year. Under current regulations, USCIS issues 65,000 H-1B for Bachelor’s degree holders and 20,000 for U.S. Master’s degree or higher. In general, with the deduction of some pre-designated H-1B for special countries, there are a little over 80,000 H-1B issued per fiscal year. It is highly advised that a H-1B seeking individual begin preparing his or her file no later than January or February. For the U.S. Master’s degree or higher quota, the beneficiary must have obtained the degree from an acknowledged “institution of higher education”in the U.S.