H-1B Visas Capped at 85,000
The Geygan and Geygan immigration lawyers help people like you find their way into the United States legally. Often, professionals use the H-1B visa as a means to come to the U.S.
How the H-1B visa works
The H-1B visa is a nonimmigrant visa. U.S. employers who need employees in a specialty occupation can employ, for a limited period of time, foreign workers. These employers of these foreign workers apply for an H-1B nonimmigrant visas so their workers can enter, live, and work in the U.S. for a period of time.
Specialty occupations include, but are not limited to engineering, architecture, biotechnology, medicine/health, the arts, law, physical sciences, social sciences, telecom, and education.
85,000 people can enter the U.S. with an H-1B visa each fiscal year. Unless an exemption applies, there is a statutory cap of 65,000 H-1B petitions (and there are 20,000 statutory visa exemptions available.) In other words, the first 20,000 H-1B visa petitions by people who have master’s degrees earned in the U.S. are exempt from the 65,000 cap.
The power of an H-1B visa
The H-1B visa allows the holder to enter (and reenter), live, and work for a specific employer in the U.S. Your spouse and children, who are under the age of 21 are permitted to come to the U.S. and live with you.
If a spouse wants to work, he or she must have their own work visa, even another H-1B visa.
H-1B visas expire
H-1B visas expire after three years. They are typically extended for another three years upon request. However, U.S. defense department workers may be able to get a 10 year H-1B visa.
Remember that the H-1B visa allows you to enter, work, and live in the U.S. so long as you work for the specific employer who applied for your visa.
If that employments ends, for any reason, you must leave the country or another qualifying employer must request to have your H-1B visa transferred (if you still have time on your visa.)
If you wish to remain in the U.S.
If you wish to remain in the U.S. after your H-1B visa expires, you can apply for a green card and become a permanent resident or you can apply for another H-1B visa after a one year absence from the U.S.
Where to get help
At Geygan and Geygan, we focus our practice on immigration matters so we are uniquely qualified to help you and your family. Success with immigration matters, including the H-1B via, requires a full understanding of the facts, the immigration law and the current policies. Please contact our office to discuss how we can help you. All conversations are confidential.
It’s easy to get help. Call or email our immigration lawyers today (Thomasjr@geygan.com.) We will gently walk you through your immigration issues and aggressively fight for your legal rights. Call Geygan & Geygan today: 513-793-6555.