For many foreign professionals dreaming of working in the United States, the H-1B visa represents a crucial opportunity. It is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations that typically require a bachelor’s degree or higher. This visa is especially common in fields like information technology, finance, engineering, and health care. But while the H-1B offers a potential pathway to long-term employment and even permanent residency, the process of obtaining one is not simple. Read on and reach out to an experienced Queens employment immigration lawyer from Monica Saran-Nace, P.C. to learn more about the H-1B visa and whether you may qualify for one. Here are some of the questions you may have:
Who Qualifies for an H-1B Visa?
To be eligible for an H-1B visa, you must first have a valid job offer from a U.S. employer. That position must qualify as a “specialty occupation,” meaning it requires specific theoretical and practical application of a body of highly specialized knowledge. Essentially, the job must demand at least a bachelor’s degree in a specific field as a minimum requirement. Your educational background must match the position’s requirements closely. For instance, someone with a degree in mechanical engineering would not likely qualify for an H-1B visa if applying for a marketing analyst role.
The employer must also file a Labor Condition Application (LCA) with the U.S. Department of Labor. This step confirms that the company will pay you the prevailing wage and that hiring you will not negatively impact the working conditions of similarly employed U.S. workers. Once the LCA is certified, the employer can file Form I-129 with U.S. Citizenship and Immigration Services (USCIS) to petition for the visa on your behalf.
How Does the H-1B Lottery Work?
Because demand for H-1B visas exceeds the annual cap set by Congress, a lottery system is used to select eligible applicants. Each fiscal year, there are 65,000 standard H-1B visas available, plus an additional 20,000 reserved for applicants with advanced degrees from U.S. institutions. This lottery typically opens in March and is conducted electronically. Selected candidates can then proceed with the full application process, while those not chosen must consider other visa options or try again next year.
Given the random nature of the lottery and the strict documentation requirements, even qualified candidates often face challenges. That’s why working with an experienced immigration attorney in Queens can greatly improve your chances. An attorney can help ensure every part of your application is accurate, timely, and strategically prepared.
What Happens After You Get an H-1B Visa?
If your petition is approved, you’ll be granted permission to work in the United States for an initial period of up to three years, with the possibility of an extension to a maximum of six years. Some H-1B visa holders eventually pursue permanent residency through an employment-based green card. Others return to their home country or seek different visa classifications, depending on their long-term plans. Your immigration attorney can advise you on all available paths, including family sponsorship or adjustment of status.
If you have additional questions or wish to speak with an immigration lawyer about your case, simply contact Monica Saran-Nace, P.C. for an initial consultation today.
