The H-1B visa is one of the most common work visas in the U.S. and applies to temporary employment opportunities offered by employers to foreign workers with specialized skills.

[Overview of content]

1. H-1B Visa Definition
2. H-1B Visa Advantages
3. Application Requirements
4. Frequently Asked Questions on H-1B Petitions
5. Specialty H-1B: Cap-Exempt vs. H-1B Transfer
6. List of application materials
7. Application Process Details
8. Visa extension and total duration
9. H-1B Visa Quota and Lottery Mechanisms
10. Pathway from H-1B Visa to Green Card

I. What is an H-1B visa?

H-1B is a non-immigrant work visa for foreign nationals working in the United States in a "specialty occupation" (Specialty Occupation). These positions usually require at least a bachelor's degree or equivalent experience.

Applicable job types:IT, engineering, finance, education, healthcare, marketing, scientific research and other specialized fields

Core features:

• Submitted by a U.S. Employer as a Petitioner
• Visa validity up to 6 years (3 years + 3 years extension)
• Allowed to bring spouse and children (H4 visa), spouse can apply for work permit under certain conditions

II. Seven Advantages of the H-1B Visa

1. Working and Staying in the U.S. Legally: Working Legally for a Specific Employer
2. Possibility of long-term residence: up to 6 years, paving the way for subsequent immigration
3. Dual Intent Recognition: can hold both immigrant and non-immigrant intent
4. Change of Employer: H1B holders can change workplaces (requires new employer to file H1B Transfer)
5. Dependent Travel Benefit: Spouses and children can legally reside and attend school.
6. H4 EAD work permits: some H4 spouses can get the right to work
7. Clear Career Paths: Providing a Clear Path for Green Card Applications

H1B vs L1:H1B allows for more flexibility in switching employers, but with a quota limit; L1 requires transfers within a multinational company, with no quota limit, but with a high requirement for company relationships.

III. Four major application requirements

1. Specialty Occupation: Jobs require at least a bachelor's degree (or equivalent experience).
2. Education/Experience Match: Applicants are required to have a bachelor's degree or higher degree relevant to the position
3. Legal Employer: The U.S. employer needs to be a legal entity and willing to pay the required salary.
4. Wage rates: Must meet the **Prevailing Wage** as defined by the U.S. Department of Labor.

IV. Analysis of frequently asked questions

1. Lottery: If the number of applications exceeds the annual quota (usually opens in April each year), a random lottery will be held.
2. Substitution of educational requirements: if no degree is available, substitute equivalent experience or assessment certification
3. Cap-Exempt category: some colleges and universities, non-profit research organizations, etc. can skip the lottery and apply throughout the year
4. Separation and Grace Period: H1B holders have a 60-day grace period to find a new employer after leaving employment

V. Special Types of H-1B Visas

• Cap-Exempt H1B:Employers that are institutions of higher education, nonprofits, or government research organizations may apply year-round without a lottery
• H1B Transfer (Employer Transfer):Approved H1Bs can legally start a new job after a new petition is filed by a new employer without having to wait for the result of the approval.

VI. List of application materials

• Photocopies of passports
• Proof of education (degree certificate, transcripts)
• Professional qualifications (if applicable)
• Resume (with full work history)
• Job Description (provided by employer)
• Employer Company Business License/Tax Information
• Wage standard certificate (LCA)

VII. Four steps in the application process

1. Determining eligibility and retaining counsel: confirming that the position, the employer and the applicant are eligible
2. Submission of LCA (Labor Condition Application): The employer applies for a work permit from the Ministry of Labor.
3. File Form I-129: After LCA is approved, employer files H1B petition with USCIS
4. Lottery and Approval: If within Cap, enter into a lottery and applications will only be processed after winning the lottery

processing time: Regular 3-6 months; Premium Processing 15 working days.

VIII. Visa extensions and total duration

• Initial authorization: up to 3 years
• Renewable once for up to 3 more years
• Total length of stay may not exceed 6 years (unless in green card waiting period)

Special circumstances:

If the applicant is in the EB green card queue, he or she may apply for an extension of the H-1B beyond the 6-year limit.

IX. H-1B Visa Quota and Lottery Mechanisms

• Total annual quota: 85,000
• Regular Cap: 65,000
• Master's Cap: 20,000 (U.S. Master's Degree and above)
• Submission: Registration takes place in March and complete applications are submitted in April each year.
• Mechanism for drawing lots: random selection in case of overcrowding

*Note:Only after winning the lottery will you be eligible to submit formal application documents