A H-1B visa is designated for individuals working in a specialty occupation that requires a specific skill set and background of specialized knowledge. While there is no set “specialty occupation” list, occupations commonly fall into health care, biotechnology, human resources, education, engineering, computer sciences, management, medicine, etc.

• The initial stay is up to three years.
• The total stay is six years.

To qualify, the individual must have completed a four-year bachelor’s degree in a field of study related to the position.

Additionally, here are more H-1B visa requirements:

• Industry standard education requirements for the position must include a bachelor’s degree.
• If the degree was obtained overseas or is not a four-year bachelor’s degree, an education evaluation must be completed.
• The salary for the position must meet minimum prevailing wage requirements.
• If the position requires the employee to work off-site, additional proof of employment may be needed.

First-time H-1B visa petitions are entered into the H-1B lottery, which begins April 1. This is referred to as H-1B cap season. Petitions will be randomly selected from the pool, and the number of visas processed are capped each year: 65,000 for individuals with a bachelor’s degree and an additional 20,000 for people with a master’s degree or above.

If the H-1B visa petition is accepted for processing and approved, your new employee can begin working October 1.

Note: H-1B visa petitioners employed at an institution of higher education or at certain nonprofit organizations are exempt from the cap.

• Application filing fee: $460 to $2,460 (excludes additional fees imparted on companies that rely heavily on H-1B sponsorship).
• Premium processing: Employers can pay the $1,225 premium processing fee, and USCIS will guarantee the H-1B application is processed within 15 calendar days.

Extensions of up to three years granted.

Employees may be accompanied by their spouses and unmarried children younger than 21 years of age with an H-4 nonimmigrant dependent classification. Some spouses can receive work authorization once the H-1B holder has reached a certain point in the green card application process. Dependents are allowed to study while in H-4 status.

H-1B visas are dual intent, meaning expats may easily be sponsored for permanent residency. H-1B holders should begin the green card application process no later than two years prior to their six-year max-out date to avoid losing work authorization.

In order to sponsor an expat for an H-1B visa, the open position must meet the following visa requirements:

• Require theoretical and practical application of highly specialized knowledge in architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, or the arts.
• Require a bachelor’s degree or higher (or its foreign equivalent) in the specific specialty, and one of the following must be true:
  • A bachelor’s degree or its equivalent (at minimum) is typically required for the position.
  • The degree requirement is common to the industry, or the position is so complex or unique that the work only can be performed by an individual with a degree.

• Completed a U.S. bachelor’s degree or higher in the area of study specified by the job posting.
• Holds a foreign degree that is equivalent to the U.S. bachelor’s degree specified in the job posted.
• Holds an official license or certification that authorizes him or her to perform the specific job.
• Has education, training or progressively responsible experience in the specialty that is equivalent to the completion of an equivalent degree.

H-1B visa holders are usually admitted to the United States for three years. Their time period may be extended but generally can’t go beyond a total of six years, with a few exceptions.

The H-1B cap is the annual limit the U.S. government puts on the number of foreign nationals able to enter the country to work through the H-1B visa. The cap is currently at 65,000 H-1B visas per year, plus an additional 20,000 visas set aside for individuals who have earned a master’s degree or higher from a U.S. university.

In order to qualify for an exemption from the H-1B cap, the sponsored position must be one of the following:

• At an institution of higher education.
• At a nonprofit research organization.
• At a government research organization.
• At a primary or secondary education institution.
• At a non-profit entity that engages in an established curriculum-related clinical training.

Other H-1B visa filings that aren’t subject to the cap include: petitions for a second extension with the same employer, amendment petitions with no request for extension, and corrections of service errors.

• Unlimited extensions available.
• 6,800 petitions are reserved for specialty workers from Chile and Singapore.
• Applicants can bypass USCIS approval and apply directly at a U.S. consulate or embassy abroad.

• Typically approved for 12 months, with extensions through USCIS or a U.S. Consulate.
• H-1B1 holders should switch to an H-1B visa before applying for a green card to avoid travel issues.

Citizens of Chile and Singapore are eligible for this Free Trade Agreement professional work visa. The job must involve specialty work that requires at least a bachelor’s degree, plus four years of study in the field.

• The initial stay is up to 18 months.
• The total stay varies.

Qualifying candidates must be filling a “specialty occupation” role, meaning it requires a specific skill set and background of specialized knowledge.

While there is no set “specialty occupation” list, they often fall into a few categories. Examples include: engineering, mathematics, physical sciences, computer sciences, medicine, health care, education, biotechnology, management, human resources, etc.

Candidates must also hold a bachelor’s degree (or foreign equivalent) in a major related to the U.S.-based position they are pursuing, or possess equivalent work experience.

Note: The application process isn’t petition-based. The employee may apply directly at the U.S. embassy or consulate in Singapore or Chile. No filing is necessary in the United States.

• Consulate application filing fee: $190.
• USCIS application filing fee: $460, if applying through USCIS to extend the foreign national’s current stay in H-1B1 status or to change employers without leaving the United States.
• Premium processing: This expedited application processing feature is not available for H-1B1 visas.

Unlimited extensions permitted 18 months at a time.

Employees may be accompanied by their spouses and unmarried children younger than 21 years with an H-4 nonimmigrant dependent classification. Dependents are allowed to study while in H-4 status but are not eligible for work authorization.

The H-1B1 visa is made possible by the Free Trade Agreement with Singapore and Chile. It encourages commerce between the countries by granting special work authorization to citizens of Chile and Singapore.

You can’t sponsor an independent contractor with an H-1B1 visa.

The H-1B1 visa has a cap of 6,800 petitions each year — 1,400 Chilean citizens and 5,400 Singaporean citizens.

• Diversifies your training program by providing valuable training and experience.
• Visa holders may transfer to another dual-intent visa for permanent residency sponsorship.

• No extensions available for this visa type.
• Training must not be available in the person’s home country.
• Training must benefit the person’s career in their home country or abroad.

The H-3 visa allows you to sponsor individuals coming to the United States for training. Additionally, under this classification you may sponsor a special education exchange visitor who is coming to the United States to train specifically in special education.

• For trainees, the training can be in any field that’s not offered in the person’s home country, except graduate medical education or training.
• For special education exchange visitors, the training will allow him or her to develop practical experience educating children with physical, mental, or emotional disabilities.

• Total stay: Up to two years for a trainee and up to 18 months for a special education exchange visitor.

To qualify for the H-3 visa classification, the U.S. employer must prove:

• The training isn’t available in the person’s native country.
• The training will benefit the expat’s career, which he or she will pursue outside the United States.
• The expat won’t work in a position that is part of the normal operation of your company or one that can be easily filled by U.S. citizens.
• The individual’s work isn’t considered productive employment, unless the work is required by the training.

Additional trainee and special education requirements:

• A description of the training and the type of supervision provided to the individual.
• The time commitment split between in-classroom instruction and on-the-job training.
• A description of the career that the person will be pursuing after the training is complete.
• An explanation of why the training isn’t available in the person’s home country.

For the special education exchange visitor:

• There is a cap (50) on the number of special exchange visitor visas granted each year.
• The visa petition must be filed by an organization that has professionally trained staff and a standardized program for providing education and hands-on experience to children with disabilities.

• Government form filing fee: $460

Extensions aren’t permitted for the H-3 visa.

Trainees' spouses and unmarried children who are under the age of 21 may accompany them to the United States as H-4 nonimmigrants. However, H-4 nonimmigrants are not permitted to work in the United States.

Yes. Medical professionals (like physicians) don’t qualify for the visa. The visa holder’s dependents aren’t permitted to work in the United States. Additionally, extensions aren’t allowed.

There aren’t any. The H-3 visa holder may travel before the visa is set to expire. Additionally, there is no limit on the amount of time spent abroad. However, due to the short timeframe of the visa, it’s important to monitor the individual’s time abroad to ensure he or she has enough time to train.

Yes, you may apply for change of status while on an H-3 visa. If you would like to extend the individual’s work authorization, transfer him or her to an H-1B visa or another visa that meets the position’s criteria.