H-1B Visa Application Process, Requirements, & Eligibility Criteria

H-1B Visa Application Process, Requirements, & Eligibility Criteria The H-1B visa is a non-immigrant visa that allows U.S. employers to hire foreign workers in specialty occupations. It is one of the most popular work visas for skilled professionals in the United States, particularly in fields such as technology, engineering, finance, and healthcare. Understanding the application process, requirements, and eligibility criteria is crucial for both employers and prospective applicants. What is the H-1B Visa? The H-1B visa permits foreign nationals to work in the U.S. for a specified period, typically up to three years, with the possibility of an extension. It is a highly sought-after visa, but there is a cap on the number of H-1B visas issued each year. The visa is specifically for individuals who have specialized knowledge in a particular field, usually requiring at least a bachelor's degree or its equivalent. Eligibility Criteria for H-1B Visa To be eligible for the H-1B visa, both the applicant and the sponsoring employer must meet certain criteria: 1. Specialty Occupation The job must qualify as a specialty occupation, meaning it requires theoretical or practical application of a body of highly specialized knowledge. Occupations in IT, healthcare, engineering, business, and finance often qualify. 2. Educational Requirements Applicants must have at least a bachelor's degree or its equivalent in a field related to the job. In some cases, relevant work experience can substitute for a formal degree if the applicant can demonstrate equivalent expertise. 3. Employer Sponsorship A U.S. employer must sponsor the visa applicant. The employer is responsible for filing the visa petition on behalf of the foreign worker. This petition must demonstrate that the job meets the criteria for a specialty occupation and that the employee meets the required qualifications. 4. Prevailing Wage The employer must offer a salary that meets or exceeds the prevailing wage for the specific job in the region. This is to ensure that foreign workers are not paid less than U.S. workers for similar work. 5. Cap and Exemptions The H-1B visa is subject to an annual cap of 65,000 visas for regular applicants and an additional 20,000 visas for individuals with a U.S. master's degree or higher. Certain employers, such as universities and non-profit research organizations, are exempt from the cap. H-1B Visa Application Process