Chicago H-1B Visa Lawyer

The H-1B visa classification is a non-immigrant visa that allows U.S. employers to temporarily hire foreign workers in specialty occupations that require theoretical or technical expertise. This includes positions in fields such as technology, engineering, medicine, finance, and education, among others. To qualify for the H-1B visa, the job must require at least a bachelor’s degree or its equivalent, and the worker must possess the appropriate qualifications for the role.

The H-1B visa classification is employer-sponsored, meaning the applicant must have a job offer from a U.S. employer who will file the petition on their behalf. Additionally, the employer must demonstrate that they will pay the prevailing wage for the occupation, ensuring that the employment of foreign workers does not negatively affect the wages or working conditions of U.S. workers.

The H-1B visa is typically granted for an initial period of three years, with the possibility of extending it up to six years. In certain cases, extensions beyond six years may be granted if the individual has reached certain milestones in the process of obtaining permanent residency. The H-1B program is subject to an annual cap, and a lottery system is often used when the number of applications exceeds the available slots.

H-1B workers are also allowed to bring their dependents (spouses and children under 21) to the U.S. under the H-4 visa classification. However, H-4 visa holders have certain restrictions, such as limitations on employment authorization, unless they meet specific criteria.

While the H-1B visa allows for flexibility in terms of job location and employer changes, the process can be competitive, and applicants often face uncertainty due to the cap and lottery system. Nevertheless, the H-1B visa remains one of the most popular routes for foreign nationals seeking to work in the U.S. in specialized professional roles.