H-1B –Temporary Worker

This is the most common work visa for professional employment in the United States. In order to qualify, the employer/sponsor must be offering the beneficiary a position in a “specialty occupation.” This occupation normally requires completion of a bachelor’s degree for entry into the occupation. The beneficiary must also possess a bachelor’s degree in a specialized field or its equivalent through education and experience. The employer has certain wage and working condition requirements. Individuals are limited to six-years in H status: however, if an application for U.S. permanent residence has been pending for over one year, the individual may extend H-1 status beyond the six-year limit. This category allows dual intent, so a person can change to an immigrant status. There is a limit of 65,000 H-1Bs per U.S. government year, with up to 20,000 individuals with U.S. master’s degrees or higher. Certain employers are exempt from the H-1B quota. The H-1B cap has been met very early in the U.S. government fiscal year in the past few years.