H-1B Professional Worker Visa

In order to work in the US under a Professional Worker visa you must have a US employer sponsor you and obtain an approved H-1B petition in order for you to apply for an H-1B visa. The Janice Flynn & Associates is unable to assist individuals with obtaining an offer of employment from a US employer.

The basic requirements for an H-1B visa are that the employee being sponsored must be hired to do a job that requires the minimum of a US bachelor’s degree in a specialized field. The most common examples of H-1B type occupations are teachers, engineers, lawyers, or accountants but there are many other types of occupations that require a professional degree. In addition, the foreign national being sponsored for the H-1B visa must actually have the US degree required for the job, the equivalent foreign degree, or a combination of education and specialized work experience to meet the requirements of the job.

There are a limited number of H-1B Professional Worker visas available each year and it is a great visa when there are H-1B visas available. For a discussion about the annual cap on the number of H-1B visas and the H-1B visa lottery see the Janice Flynn & Associates blog.

H-1B Procedures

The process to obtain an H-1B visa involves three steps:

  1. Obtain a certified Labor Condition Application (“LCA”) from the US Department of Labor. See the US Department of Labor web site.
  2. Once the LCA is certified, file the Non-Immigrant Visa Petition with the US Citizenship & Immigration Services.
  3. After the Non-Immigrant Petition is approved, the applicant may apply for an H-1B visa, and if applicable, the applicant’s spouse and children under the age of 21 may apply for an H-4 visa at a US Embassy or Consulate outside the United States.