The H-1B visa: target group and advantages
The H-1B visa is a US work visa for foreign workers who are to work in a so-called „specialty occupation“ – i.e. an occupation with special qualification requirements. Typically, this concerns professions in the fields of IT, engineering, finance, medicine or research, but other academic professions are also eligible.
Advantages over other visas
A key advantage of this visa category is that, compared to other work visas such as the L or E visa, significantly lower requirements are placed on the US company. The applicant also does not have to hold a management position – a condition that is often required for L visas, for example.
Limited number – with exceptions
However, the H-1B visa also has a significant disadvantage: the number of visas available each year is very limited, which often leads to a lottery process. In practice, it therefore makes sense to first check whether an alternative work visa might be an option.
However, there is an exception to the numerical limit for applicants who are to be employed at universities or at certain non-profit or government-related research institutions.
Requirements for applicants
Academic qualification or professional experience
The basic requirement for an H-1B visa is proof of a qualified education. Ideally, the applicant should have a US bachelor’s degree or a foreign university degree that is at least equivalent to a US bachelor’s degree.
Alternatively, a combination of academic training and several years of professional experience may be sufficient to qualify for an H-1B visa. Even if no formal degree is available, a visa can still be granted in certain exceptional cases – for example in the field of modeling.
Recognition of foreign qualifications
If the university degree was obtained outside the USA, it is mandatory to prove its equivalence by means of a so-called „foreign credential evaluation„. Various service providers in the USA specialize in this evaluation and issue a certificate that is generally recognized by the US immigration authorities.
US Master’s degree as an advantage
There is an additional advantage for people who have completed a Master’s degree or a higher degree at a US university. A reserved additional quota of 20,000 H-1B visas is available for these applicants, which is granted in addition to the regular 65,000 visas per year.
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Requirements for the workplace
Qualifications matching the position
Not only the applicant, but also the job offer must meet certain requirements. For example, the position to be filled must typically require the qualifications demonstrated by the applicant’s academic background. This means that it must be a position for which at least a Bachelor’s degree is required.
Fair pay and no disadvantages for US workers
In addition, the salary must correspond to what comparably qualified employees in the same region receive for a similar job. At the same time, the hiring of a foreign skilled worker must not have a negative impact on the working conditions or employment opportunities of US workers. And: There must not be a strike in the company at the time the application is submitted.
Laboratory Condition Attestation (LCA)
Before the U.S. employer can file a petition for an H-1B visa with the U.S. Citizenship and Immigration Services (USCIS), a Labor Condition Attestation (LCA) must first be filed with the U.S. Department of Labor.
Among other things, this declaration provides information on salary and confirms that the recruitment will not have a negative impact on the labor market. In addition, either the relevant trade union must have been informed of the planned petition or – if no trade union exists – the employer must draw attention to the H-1B petition in the company for at least ten days.
Special requirements for many H-1B employees
If a company has a particularly large number of employees with H-1B status, this can make the process even more difficult. In such cases, further information and evidence must be provided and high additional fees may have to be paid.
The application process: registration and petition
Electronic registration in spring
Since 2020, the US immigration authorities have fundamentally changed the application process and introduced an electronic registration system. First, the US company must
Lottery and petition submission
If more registrations are received than the number of visas available, a lottery is held. The applicants drawn – or their employers – are then given the opportunity to file a
Contents of the petition
The complete petition is more extensive than the electronic pre-registration and includes, among other things, the Form I-129 as well as all relevant documents relating to the applicant – in particular educational certificates and, if applicable, an assessment of the equivalence of the foreign qualification.
Processing time and premium processing
If you want accelerated processing, you can apply for Premium Processing . This option currently costs 2,805 US dollars and guarantees a decision within around
After approval by USCIS, the visa application is submitted to the US consulate in the applicant’s home country.
Quotas and exceptions
The H-1B visa is tied to an annual quota system. For each fiscal year (beginning in October), 65,000 H-1B visas are generally available. In addition, 20,000 visas are granted exclusively to applicants who have obtained a Master’s degree or higher academic degree at a US university.
Although these quotas are theoretically fixed, in practice a slightly higher number of visas are often issued – partly due to nationality-specific special regulations or special exceptions for non-profit organizations and educational institutions.
Period of validity and extension
An H-1B visa is usually initially issued for a period of three years . It can then be extended for a further three years. The maximum stay is generally six years.
An important exception exists if a green card petition (I-140) is already pending for the applicant. In such a case, a longer stay may also be possible under certain circumstances.
Green card and intention to immigrate
A particular advantage of the H-1B visa over many other non-immigrant visas is that the applicant does not have to prove that they intend to return to their home country . This means that anyone working in the USA on an H-1B visa can apply for a green card at the same time without this being interpreted negatively in legal or procedural terms. This so-called „dual intent“ option makes the H-1B visa particularly attractive for employees with long-term plans in the USA.
Family members
Family members of the H-1B applicant can also enter the USA. Spouses and unmarried children under the age of 21 receive the so-called H-4 visa. This permits residence in the USA, but initially no gainful employment.
There is an exception if an I-140 petition has already been approved for the H-1B visa holder. In this case, the spouse with H-4 status can apply for a work permit – a significant advantage that makes the decision to apply for the H-1B visa easier for many families.
Our support with the H-1B visa
The H-1B visa offers qualified professionals an excellent opportunity to gain a professional foothold in the USA. However, due to the tight deadlines, the quota system and the formal requirements, careful preparation is crucial.
We would be happy to check with you whether the H-1B visa is the right solution for your specific case – or whether alternative visa types are suitable for your professional goals. Simply arrange a consultation with our experts – by phone or email. We look forward to hearing from you.
