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Houston Immigration Lawyers > Blog > H-1B Visa > Primer On The H-1B Visa

Primer On The H-1B Visa


The H-1B visa is a non immigrant visa that allows those who work in specialty occupations, possess extraordinary abilities relating to a Department of Defense position, or work as a distinguished fashion model to live in the United States.

Many people apply for the H-1B visa every year. Many are denied, as the number of H-1B visas available every year is limited to 65,000 for individuals with a bachelor’s degree and 20,000 additional places for individuals with a U.S. master’s degree, unless the employer you is cap exempt.

To obtain an H-1B visa, an applicant must create an effective petition, provide the proper documentation, and conduct a successful visa interview.

What Are The Requirements For Receiving An H-1B Visa?

To receive an H-1B visa, an applicant must belong to one of the following categories:

  • Work in a specialty occupation
  • Possess extraordinary skills/abilities related to a Department of Defense position
  • Work as a fashion model with distinguished merit and ability

Assuming an applicant belongs to one of these categories, they can apply for the H-1B visa.

To apply for an H-1B visa, an applicant must have a position lined up. A position with an employer who must then submit a Labor Condition Application to the Department of Labor.

For an employer to receive their LCA, they must certify that:

  • They will pay the employee a wage equal to the one paid to similarly qualified workers
  • They will provide adequate working conditions that will not affect other employed workers
  • There is no ongoing strike or lockout.
  • They have posted a notice about the LCA application at the workplace/spoken to the appropriate union representative

Right after the employer receives their LCA, they must then fill out Form I-129. When filling out Form I-129, they must clarify the employee’s specialty occupation and the value they are going to bring to the organization.

As soon as the employer has their paperwork lined up, the H-1B visa applicant can begin the process of receiving their visa.

What Is The Process For An Employee Receiving An H-1B Visa?

To receive an H-1B visa, an employer must complete all of the steps above. Assuming those steps are completed successfully, the applicant will receive an I-797 H-1B approval notice.

The applicant must go to their nearest U.S. embassy or consulate and present their I-797 H-1B approval notice. But, before doing so, they must fill out an H-1B visa petition and bring that with them.

Right before receiving their H-1B visa, the applicant will need to conduct an interview with an official at the embassy/consulate.

Assuming the interview goes well, they will receive their H-1B visa. When the applicant enters the United States, they must present their visa, approval notice, and a copy of their petition.

Speak With A Skilled Houston H-1B Visa Lawyer

To receive an H-1B visa, developing an effective petition, and supplying the appropriate documentation, is of the utmost importance.

Speak with a skilled Houston H-1B visa lawyer today. We will assist you in developing an effective petition that clarifies the value you offer.





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