Work in the U.S. Legally: Everything You Must Know About the H-1B Visa

Every year, thousands of professionals from across the globe aim to work in the United States, seeking better opportunities and higher living standards. The H-1B visa is one of the most sought-after U.S. work visas, offering skilled workers the legal right to work in specialty occupations. It not only helps American businesses fill crucial roles but also creates a pathway to permanent residency for talented foreign nationals.

The H-1B visa enables U.S. employers to hire skilled foreign workers in specialized occupations such as IT, engineering, and healthcare. It offers a temporary stay of up to six years and serves as a potential path to a green card. Applicants must meet educational requirements and be sponsored by a U.S. employer. The process includes filing a Labor Condition Application, entering the H-1B lottery (if applicable), and gaining USCIS approval. Accura Immigration Law Firm provides expert legal assistance to navigate the complex H-1B process and secure your employment future in the U.S.

What Is an H-1B Visa?

The H-1B visa is a non-immigrant work visa that allows U.S. companies to temporarily employ foreign professionals in occupations that require specialized knowledge. These occupations typically include fields like:

• Information Technology (IT)

• Engineering

• Mathematics

• Science

• Medicine

• Architecture

• Accounting

H-1B visa holders can stay in the U.S. for up to six years, initially granted for three years and extendable for another three.

Purpose of the H-1B Visa

The primary purpose of the H-1B visa is to bridge the skills gap in the U.S. workforce. It helps American employers hire talented international professionals when qualified U.S. workers are not available. In return, it gives foreign nationals the opportunity to:

• Work in a specialized field.

• Earn a competitive salary.

• Gain U.S. work experience.

• Eventually apply for a green card.

The H-1B is a dual intent visa, meaning visa holders can apply for permanent residency (green card) without violating their non-immigrant status.

Eligibility Requirements

To qualify for an H-1B visa, the applicant and the employer must meet certain criteria:

For the Employee (Beneficiary):

• Must have at least a bachelor’s degree or its foreign equivalent in a related specialty field.

• The job offered must require a degree in the specialty occupation.

• Must have valid credentials to perform the job (licenses, certifications, etc.).

For the Employer (Petitioner):

• Must demonstrate that the position requires a professional degree.

• Must agree to pay the prevailing wage for the position.

• Must file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL).

The H-1B Application Process

Applying for an H-1B visa is a structured and detailed process. Here are the essential steps:

1. Employer Files Labor Condition Application (LCA)

Before filing the visa petition, the employer must submit an LCA to the Department of Labor. This document confirms that:

• The employee will be paid the prevailing wage.

• The employment conditions won’t negatively affect U.S. workers.

• Working conditions meet the federal guidelines.

2. Form I-129 Filing

Once the LCA is certified, the employer files Form I-129, Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS). This form includes:

• Proof of degree.

• Employment offer letter.

• Company details and justification for hiring a foreign worker.

3. H-1B Lottery (If Applicable)

Due to the high demand and the cap on H-1B visas (currently 65,000 regular + 20,000 advanced degree exemptions), USCIS uses a lottery system for selection. Only those selected in the lottery can proceed.

4. USCIS Petition Review

If selected, USCIS reviews the petition. If approved, they issue a Form I-797, Notice of Action.

5. Visa Stamping and Entry

The foreign worker then applies for the H-1B visa at a U.S. embassy/consulate in their home country. After an interview and visa stamping, they can enter the U.S.

Cap-Exempt H-1B Visas

Certain employers are exempt from the annual H-1B cap:

• Higher education institutions.

• Non-profit research organizations.

• Government research entities.

If applying under these categories, the worker is not subject to the lottery, making the process smoother.

H-1B Visa Duration and Extensions

• Initial stay: 3 years

• Extension: Up to 3 more years (6 years total)

• Beyond 6 years: Possible if green card process is underway (e.g., AC21 rule)

After six years, H-1B holders must leave the U.S. for at least one year before reapplying unless they change status.

Spouses and Children: H-4 Visas

Spouses and unmarried children under 21 of H-1B holders are eligible for H-4 dependent visas. H-4 visa holders may:

• Study in the U.S.

• Apply for work authorization (EAD) in certain cases.

This allows families to stay together and enjoy opportunities in the U.S.

Path to Green Card

Since H-1B is a dual intent visa, many professionals eventually apply for a green card through employment-based categories such as EB-2 or EB-3. The employer must:

1. File a PERM Labor Certification.

2. Submit Form I-140 (Immigrant Petition).

3. File Form I-485 (Adjustment of Status) when the priority date is current.

This transition allows professionals to gain permanent residency in the U.S.

Common Challenges and How Accura Law Helps

Navigating the H-1B visa process can be overwhelming. Issues like RFEs (Requests for Evidence), lottery non-selection, or employer errors can delay or deny the application.

Accura Immigration Firm, a premier U.S. immigration firm, helps avoid these setbacks through:

• Accurate and timely application filing.

• Professional LCA and petition preparation.

• Strategic planning for cap-exempt routes.

• Legal guidance for transitions to green cards.

Accura Immigration Firm

Accura Immigration Law Firm is a U.S.-based immigration law firm focused on employment-based visas, family-based immigration, and business investor visas. The team consists of highly experienced immigration attorneys who guide clients with:

• Clarity and transparency.

• Tailored legal strategies.

• High success rates in H-1B and other visa categories.

Whether you are an employer seeking international talent or a skilled worker aiming to advance your career in the U.S., Accura Immigration Firm provides end-to-end support.

Why Choose Accura Immigration Law Firm for Your H-1B Visa?

• Deep Expertise in H-1B and related categories.

• Cap-Exempt Solutions for quicker approvals.

• Transparent Process with real-time updates.

• Custom Legal Support based on client needs.

• Full Immigration Journey Assistance, from visa to green card.

Accura's mission is to simplify immigration, protect your interests, and make your American dream a reality.

Real Success Stories

Client A, an IT professional from India, missed the lottery two years in a row. Accura Immigration Law Firm helped him secure a cap-exempt H-1B through a university role and later transition to a private company.

Client B, a U.S. startup, needed to bring in a specialized AI engineer. Accura Immigration Law Firm designed a tailored H-1B petition with extensive documentation, resulting in fast approval without an RFE.

These stories highlight Accura Law’s dedication and innovation in immigration strategy.

Conclusion: Your Future Starts with the Right Legal Partner

The H-1B visa remains a powerful tool for global talent to work in the U.S. It opens doors to economic opportunity, professional growth, and even permanent residency.

With legal complexities and intense competition, it’s essential to have the right law firm by your side. Accura Immigration Law Firm offers the knowledge, experience, and commitment needed to guide you every step of the way.

From eligibility assessment to final visa approval—Accura Immigration Law Firm is your trusted H-1B partner.