The H-1B visa is a non-immigrant visa that lets U.S. employers temporarily employ foreign workers in a specialty occupation. While the H-1B visa is the primary means by which employers hire foreign nationals in professional positions, it is not the only temporary work visa available.
To file an H-1B petition for a foreign national worker, an employer generally must show the following:
Congress has limited the number of H-1B petitions which may be accepted each year (“the H-1B Cap”). Cap-subject petitions include new petitions filed for a person not currently in H-1B status. The following types of H-1B petitions are not subject to the cap:
In addition, certain types of H-1B petitions for new employment are not subject to the H-1B cap. These include petitions filed for H-1B workers who are employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization.
Depending on your situation, the H-1B visa may not be the best fit for your case. We can also assist with many of the other types of nonimmigrant visas for temporary work, including, but not limited to the following:
Minsky, McCormick & Hallagan has decades of experience in immigration law. If you have questions about what type of non-immigrant U.S. visa would best fit your case, feel free to call us at (312) 427-6163 or contact us online. Our office is located in downtown Chicago.
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