Specialty Worker Visas (H-1B)
Professional workers with at least a bachelor's degree (or its equivalent work experience) may be eligible for a nonimmigrant visa if their employers can demonstrate that the position offered is professional in nature and that they are to be paid at least the prevailing wage.

Foreign Nationals entering the United States to pursue employment in a professional position are eligible to receive an H-1B Visa. Immigration regulations indicate that a professional position is one that requires the attainment of a bachelor's or higher degree (or its equivalent) in the specific profession as the minimum for entry into the field. Persons entering United States on an H-1B visa are eligible to remain in the U.S. for a maximum of six years. Upon the attainment of six years in H-1B status, the foreign national is required to return home for one year prior to reentering the United States as an H-1B visa holder. H-1B visas are issued in three-year increments. Persons holding H-1B visas may change employers once they have entered the United States upon the new employer's filing of an H-1B visa petition for the foreign national.

H-1B Positions: Examples of positions for which an H-1B visa would be obtainable are: Programmer/Analysts, Software Engineers, Database Administrators, Web Developers, Software Applications Developers, Mechanical Engineers, Electrical Engineers, Industrial Engineers, Scientific Researchers, and many more.

Dependents (H-4): Dependents of H-1B visa holders are also eligible to enter the United States, if the visa holder can show an ability to support family members while they are in the United States. Family members are not permitted to work in the United States, but may attend school while residing here. H-4 visas are obtainable at U.S. consulates throughout the world.

Dual Intent: The primary benefit of an H-1B visa is that it permits the holder to seek permanent residence while residing in the United States. Persons on this type the visa are permitted to have "dual intent" meaning that there is no conflict between remaining on an H-1B while pursuing permanent residence. Often, persons who enter the United States on H-1B visas pursue labor certification and permanent residence processing while they are employed on their H-1B visa. Persons on H-1B visas may also travel-freely while they are pursuing permanent residence.

From F-1 to H-1B: Persons in the United States pursuant to F-1 visas often change to H-1B status after graduation, usually while they are employed pursuant to Optional Practical Training. Students may obtain H-1B status with their current employer, or may seek an alternate employer/sponsor for H-1B status. As long as the request for a change of status from F-1 to H-1B is submitted to the INS prior to the last day of Optional Practical Training, the student will have the opportunity to change to H-1B status.

Procedure: If a foreign national is already in the United States pursuant to another type of visa, such as an F-1, TN, or J-1, the foreign national may pursue an H-1B visa while in the United States. In order to obtain the H-1B visa, the foreign national's prospective employer must submit an H-1B visa application to the INS. In order to complete the application, the employer or its legal counsel must have certain information regarding the foreign national, including copies of all educational credentials and transcripts; and copies of the foreign national's passport, I-94 and other INS documents.

Once all required information is gathered, the employer, or its legal counsel, will submit the H-1B petition to be the INS. For persons in the United States already on H-1B visas, they may commence employment for the new employer upon the filing of the H-1B visa petition. For those persons on other visa statuses or outside of the United States, they must await approval of the H-1B visa petition by the INS, prior to commencing employment and/or entering the United States.

H-1B Consular Processing: For persons seeking H-1B visas who are residing outside of the United States, an H-1B visa may be obtained through their local U.S. Consulate, once the H-1B petition has been approved inside United States. Upon approval of the petition filed by the employer, the necessary documents will be forwarded to the prospective employee for submission to their local U.S consulate. Often, the employee will be required to attend an interview at the consulate where they will be required to discuss their prospective employment and immigration history in the United States. If applications for dependents were being sought, they would also be presented to the consulate at that time.

Processing Times: H-1B Visa processing times vary depending upon the location of the employer. Generally, an employer can expect that it will take between three to six months to obtain approval of the petition. However, recent changes in the law permit foreign nationals seeking H-1B status to commence employment as soon as the petition has been filed with the INS. Therefore, employers do not have to wait for approval of the petition, before commencing employment of the H-1B applicant.