H-1B Professional Worker Visa

In order to work in the US under a Professional Worker visa you must have an employer in the US sponsor you for the visa and obtain an approved H-1B petition in order for you to apply for an H-1B visa. The Law Office of Janice A. Flynn is unable to assist individuals with obtaining an offer of employment from a US employer.

The basic requirements are that the employee being sponsored must be hired to do a job that requires the minimum of a US bachelor’s degree in a specialized field. The most common examples of H-1B type occupations are teachers, engineers, lawyers, or accountants but there are many other types of occupations that require a professional degree. In addition to the job requiring a bachelor’s degree or higher for the position, the foreign national being sponsored for the H-1B visa must have at least the US degree required for the job or the equivalent foreign degree or a combination of education and specialized work experience to meet the requirements of the job.

There are a limited number of H-1B Professional Worker visas available each year and it is a great visa when there are H-1B visas available. For a discussion about the annual cap on the number of H-1B visas and the H-1B visa lottery see the Law Office of Janice A. Flynn blog.

H-1B Procedures

The process to obtain an H-1B involves three steps:

    • 1. Obtain a certified Labor Condition Application (“LCA”) from the US Department of Labor. See the US Department of Labor web site.
    • 3. When the Non-Immigrant Petition is approved then the visa applicant may apply for an H-1B visa, and if applicable, the spouse and children under the age of 21 of the applicant may apply for an H-4 visa at a US Embassy or Consulate outside the United States.