Basic information about H-1B visas:

H-1B visa status allows certain alien professionals to work in the U.S. for the H-1B sponsoring employer. The duration of H-1B status is nominally six years (each H-1B term can be a maximum of three years, with the total of all terms subject to a six year cap). Where that six year cap has been hit, an alien may be required to depart the U.S. for a year if later additional H-1B status is again desired. However, if applications seeking lawful permanent residence (LPRS) status for the benefit of the H-1B-holding alien are filed with U.S. immigration authorities before the end of the fifth year of H-1B status, the six year cap is a flexible cap, in that it may be possible to extend H-1B status beyond six years, in one year increments. This can be useful in allowing an H-1B alien to remain in the U.S. while the effort to obtain LPR status goes forward.

The basic requirements for H-1B status are as follows:

Additional logistical considerations:

The number of H-1B statuses that may be granted to aliens who are not already in H-1B status is subject to annual quota. Depending on the timing of an intended application, the status of H-1B quotas may either warrant moving quickly on an application or waiting some time before the government will accept an application. In recent years, quotas have been or are likely to be hit early in the quota year (which runs from October 1 through September 30). In such years, timing considerations become an important part of H-1B visa planning

H-1B visa services provided by Pusin & Sklar, LLC:

We provide the following services in H-1B cases:

An H-1B Success Story:

One of our clients came to us several years ago to explore visa planning options. It seems his prior immigration lawyer had successfully obtained for him H-2B visa status. H-2B visa status differs from H-1B visa status in the following respects: H-2B status is limited to one year duration (three years maximum in extraordinary circumstances), it requires more onerous application preparation including advertising of the sponsored position and application for labor certification from the Department of Labor, and it accordingly costs significantly more than H-1B applications do with regard to lawyers' fees.

The client's education had ended at the high school level; however, he had approximately 19 years of progressively responsible experience in industrial glass manufacture, the field of work for which he was being sponsored. We recognized that work experience based bachelor's degree equivalence was a possibility, obtained an evaluation letter to that effect, and therefore were able to get his employer to apply for and obtain H-1B status for this client. At a significant savings in legal fees and other costs, employer and client obtained a much more useful visa (when status duration is considered) than they had been able to do previously. Moreover, because he had obtained H- 1B status, the client was then able to process successfully for permanent residence status, and that without having to leave the U.S.

The discussion of H-1B basics and case history provided above, and the content of this web site generally, are not intended to be and should not be relied upon as legal advice. To be effective and reliable, legal advice must be tailored to the specific facts and relevant law pertaining to each individual case.

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