H-1B visa is a temporary working visa available to foreign national to work in a specialty occupation with the sponsoring United States’ employer. To qualify for H-1B visa, foreign national normally requires to have minimum of bachelor degree or higher degree in specialty field. Generally, H-1B visa is valid for three years with further renewal of three years. Under certain conditions, this visa can be renewed after expiry of maximum six years. H-1B visas are subject to yearly numerical cap of 65,000 and additional 20,000 visas for individuals who have advanced degrees from the United States, and 6800 visas are reserved for citizens of Chile and Singapore. Due to high demand of this working visa, USCIS run random computer lottery before petitioners can file their application.

General requirements to file H-1B visa petition:

• Sponsoring employer must offer to pay “prevailing wage” or “actual wage” whichever is high to

  the beneficiary.

•  Sponsoring employer must get certified labor condition application from the U.S. Labor

  department.

• Filing of nonimmigrant worker petition with USCIS with evidence of certified labor

  conditioned application and other supporting documentation

Latest Development : DHS proposed a regulation under which there would not be any H-1B lottery selection instead H-1B application selection would be based on highest paid wages.

If you would like to hire foreign national and willing to start H-1B visa process, please call Law office of Sudeep K. Sharma, PLLC at 718-536-9618 for free consultation. Our professional, courteous and knowledgeable attorneys are here to help you to successfully navigate through this complex process.