The H-1B visa is one of the most common ways for U.S. employers to hire highly skilled foreign workers. It allows companies to employ professionals in specialty occupations that require a bachelor’s degree or higher in a specific field. Typical industries include IT, engineering, finance, healthcare, architecture, and education.
Key Features of the H-1B Program
- Specialty Occupation Requirement: The job must normally require a degree in a specific field, and the beneficiary must meet that qualification.
- Employer-Sponsored: An H-1B petition can only be filed by a U.S. employer on behalf of the foreign worker.
- Dual Intent Visa: Unlike many other nonimmigrant visas, H-1B status permits the holder to pursue permanent residency (a green card) without jeopardizing their status.
- Initial Validity & Extensions: Typically approved for 3 years, extendable to a maximum of 6 years (with certain exceptions allowing beyond 6).
- Dependents: Spouses and children under 21 may qualify for H-4 status, with certain spouses eligible for work authorization.
Cap-Subject vs. Cap-Exempt Petitions
- Cap-Subject: Each year, USCIS runs an electronic registration and lottery system for 85,000 new H-1B visas (65,000 regular cap + 20,000 advanced degree cap). Registration usually takes place in March.
- Cap-Exempt: Certain employers are exempt from the lottery, including nonprofit research organizations, higher education institutions, and affiliated nonprofits. Cap-exempt H-1Bs can be filed at any time of year.
How We Help
At Puyang & Wu, LLC, we guide both employers and beneficiaries through the H-1B process, including:
- Evaluating whether a position qualifies as a specialty occupation
- Preparing and filing the required Labor Condition Application (LCA) with the Department of Labor
- Drafting and submitting the complete USCIS petition package
- Advising on compliance with wage, posting, and recordkeeping requirements
- Handling extensions, amendments, portability filings, and changes of status
Whether you’re an employer hiring your first H-1B worker or managing a large workforce, our firm provides the structure, expertise, and support to ensure smooth filings.