An H-1B visa allows foreign nationals in specialty occupations to work in the United States for a maximum of six years, which can be extended if the employee is sponsored for permanent residency. A foreign national who wishes to apply for this type of visa must first find a U.S. employer who will file an H-1B petition on his or her behalf. USCIS requires the sponsoring U.S. employer to pay the employee a wage determined by the geographic area of employment and the type of position. It is also required that the H-1B beneficiary has at least a bachelor’s degree in a specific field related to the position. Once approved, the H-1B visa holder is only allowed to work for the employer who sponsored his/her H-1B petition, and only at the worksite and in the role specified in the petition. The H-1B visa is dual intent, which means that visa holders can pursue an immigrant visa in the U.S. without putting their H-1B status at risk.
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