The H-1B visa category is for noncitizens who have a job offer to work in the United States in a "specialty occupation," will perform services under a Department of Defense-administered project, or work as a fashion model of distinguished merit and ability.
The "specialty occupation" category is the one that applies to the majority of H-1B employers and workers. It refers to jobs for which the usual requirement is a U.S. bachelor's degree or the equivalent in a specific field and for which the foreign national employee has a relevant degree or the equivalent. Examples of jobs that qualify include accountants, engineers, information technology professionals, pharmacists, scientists, and teachers. For additional examples, see Types of Jobs Most Likely to Qualify for an H-1B Visa.
There is a cap of 85,000 H-1B visas for first-time applicants each federal fiscal year, which runs October 1 to September 30. See H-1B Visa to the U.S.: Who Qualifies? for information on the H-1B cap and how it affects when you can file an H-1B petition. This creates various complications in the application process, as mentioned below.
The employer must take several preliminary steps before putting an H-1B worker on the payroll. They are:
There are different scenarios for when the new employee may start working, depending upon whether he or she is in the United States or abroad.
For someone who is in the U.S. working for another employer in H-1B status, he or she may be authorized to start working for the new employer once it has received USCIS Form I-797 Notice of Action to confirm that the petition is pending.
In other cases, the employer may need to wait for USCIS to approve the petition before the new employee begins working. For additional information and guidance on someone currently in the U.S., see How Employers Can Hire an H-1B Worker Who Is Already in the U.S. and H-1B Portability - How Workers Can Change Employers.
If the prospective employee is outside the U.S., he or she will take the approval notice (also issued on USCIS Form I-797 Notice of Action) and a copy of the H-1B petition submitted to USCIS to the U.S. Consulate or Embassy in his or her home country to apply for an H-1B visa.
The visa application process and timing may vary slightly among the different consulates and embassies. To check the protocol, select the particular location at http://www.usembassy.gov/. The processing times are available at on the Plan Ahead page of the State Department's website. There, you can see how long it will take to get an appointment to apply for the visa and then how long it will take the consulate or embassy to issue the visa.
Once the person has the visa, he or she may travel to the U.S. and start working .
This information is intended merely as an introduction to the H-1B visa. See the additional articles referenced above and consult immigration counsel for further guidance.