legal information
We provide a variety of legal knowledge and information, and inform you about legal procedures and response methods in each field.
H-1B Visa
Navigating U.S. Employment Opportunities for Skilled Workers
The H-1B visa is a popular U.S. nonimmigrant visa that allows companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. Often used by U.S. technology firms, healthcare institutions, and academic organizations, this visa is a gateway for many skilled professionals seeking employment in the United States. However, the application process is highly competitive, time-sensitive, and subject to annual caps and strict compliance rules.
contents
1. H-1B Visa Requirements and Eligibility Criteria
To qualify for an H-1B visa, the applicant must be offered a position in a specialty occupation by a U.S. employer. This typically includes roles in IT, engineering, medicine, finance, or academia.
The position must require at least a bachelor’s degree or its equivalent, and the applicant must possess such credentials. Additionally, the employer must file a Labor Condition Application (LCA) with the Department of Labor, attesting that the employment of the foreign worker will not negatively impact U.S. workers’ wages or working conditions.
H-1B Visa: What Qualifies as a Specialty Occupation?
Specialty occupations for H-1B purposes are those that require a high level of specialized knowledge and a minimum of a bachelor's degree or equivalent. Common fields include software development, data analysis, architecture, biotechnology, and teaching at higher education institutions. The job must genuinely require the expertise and educational background of the foreign applicant.
2. H-1B Visa Application Process and Timeline
The H-1B application process begins with the employer submitting an LCA to the U.S. Department of Labor. Once approved, the employer files Form I-129 (Petition for Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS). The government conducts a lottery if the number of applications exceeds the annual cap. Upon selection, the application is reviewed for compliance and documentation. The earliest an H-1B employee can begin work is October 1 of the fiscal year for which the petition was approved.
H-1B Visa: Key Deadlines and the Lottery System
Due to high demand, USCIS opens the initial registration window for H-1B petitions in March each year. Only registrants selected through the electronic lottery may proceed to full petition filing. Missing these deadlines or submitting an incomplete petition can result in disqualification. Legal guidance is critical to ensuring accuracy and timely submission.
3. H-1B Visa Compliance and Post-Issuance Obligations
After issuance, maintaining H-1B status requires strict adherence to terms such as job role, employer, and work location. Changes in employment conditions (e.g., promotion, location transfer, or salary adjustment) may require filing an amended petition. Employers must also comply with wage requirements and recordkeeping duties. Violations can lead to revocation of the visa and legal penalties.
H-1B Visa: When to File an Amended Petition
USCIS mandates an amended petition when there is a material change in the H-1B employee’s employment terms, such as significant job duty alterations, new client site assignments, or location changes. Failing to do so could result in noncompliance findings during audits or worksite investigations.
4. How SJKP LLP Assists with H-1B Visa Matters
At SJKP LLP, we understand that your H-1B application isn't just a form—it's a pivotal step in your career and business. Our immigration attorneys provide start-to-finish guidance: from strategy and registration to compliance and renewal. Whether you’re an employer seeking to retain top talent or a professional aiming to build a future in the U.S., we help reduce risk, avoid costly mistakes, and streamline every stage of the process.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
