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Visa · H-1B

Specialty occupations, properly petitioned.

The H-1B is the workhorse U.S. work visa for professionals in specialty occupations. We file for startups, multinationals and individual professionals.

Eligibility

Degree, equivalency and the LCA.

For a specialty occupation H-1B petition, the employee must have a bachelor's degree (4-year degree) or equivalent experience, from an accredited U.S. or foreign institution. A foreign national without a 4-year bachelor's can still qualify with a sufficient combination of education and experience — three years of qualifying experience may substitute for one year of university study.

The first step is the petitioning employer's filing of a Labor Condition Application (LCA) with the U.S. Department of Labor before the H-1B is filed with USCIS. The LCA verifies the employer will pay the prevailing wage for the position in the designated place of employment.

01

Dual Intent

Unlike most non-immigrant categories, an H-1B holder may have the intent to immigrate while in H status.

02

Initial Period

Admitted for up to three years, extendable but generally not beyond a total of six years.

03

AC21 Extensions

Extensions past 6 years are available with an I-140 filed 365 days before — or approved before — year six ends.

04

H-4 Dependents

Spouses and children under 21 enter on H-4. They may study and, in limited circumstances, work.

Pathways forward

From H-1B to permanent residence.

Filing a labor certification (PERM) or an employment-based preference petition allows the individual to maintain H-1B status while pursuing a green card. We coordinate the H-1B and EB-2 / EB-3 process so timelines align and status is continuously preserved.

Talk to a New York immigration attorney today.

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