H1B visa is for specialty occupation worker. The occupations include accountant, engineer, lawyer, researcher, acupuncturist, chef, chiropractor, computer programmer, dietician, electronics specialist, fashion designer, general manager, graphic designer, hotel management, industrial designer, interior designers, investment analyst, journalist, librarian, marketing research analyst, medical records librarian, medical technologist, minister, orthopedist, pharmacist, social worker, software design engineer, technical publications writer, editor, etc. In the application for this H1B visa, the petitioner is the employer.

Family members

The H1B holder’s spouse and children can stay in the US with a H4 visa. Holders of the H4 visa may attend classes, but cannot work without a work authorization card.

Admission, extension and termination

Initial Petition is usually approved for admission into the United Sates for 3 years, with a maximum stay of 6 years including extensions. The 6-year limit also applies to spouses and dependents in the H-4 status.

A H1B visa holder may extend the visa status beyond the 6-year limitation if a labor certification, an I-140 or employment-based adjustment application has been filed after 365 days or more have elapsed since the filing of the initial petitions.

There is no “grace period” for a terminated employee.

A H-1B visa holder should not enter the U.S. earlier than 10 days prior to the start of the H-1B start date. 

Requirements of H1B application

The applicant must possess a bachelor’s degree or foreign equivalent. An associate degree with 3 years work experience in the same area is also acceptable. Foreign degrees are acceptable as long as it has been evaluated to be equivalent to a US degree.

The position must be related to the major of the bachelor’s degree.

The employer must pay a minimum of the prevailing wage set by the department of labor


The current quota is 65,000.If the applicant has earned a master’s or higher degree from a U.S. institution of higher education, an additional 20,000 quota is available.

Applications not subject to the quota above:

H1B extension

H1B change of employer

Employer is a nonprofit research organization or a governmental research organization or an institution of higher education.

Premium Processing

The USCIS will take an action on the premium processing case within 15 calendar days after the request has been physically received at appropriate USCIS office. Case actions include an approval notice, a request for evidence, or a notice of intent to deny.


The annual quota is available from October 1 of each fiscal year. The petition can be filed 6 months before the quota is available. During the first week of the filing period, if the number of applications reaches the cap, the applications will be pooled together and a lottery will be drawn to determine the application eligible to be adjudicated. Beneficiary with a US master or higher degree has two chances. The 20,000 quota will be drawn first, then it will be put into the 65,000 for the second chance.


1. Is your job related to your major?

2. Does your status last beyond 10/01?

3. Is your degree evaluated, if obtained outside the US?

Required H-1B Application Documents to be provided by various parties, as indicated below:

Employer-related documents:

1.      Company brochure(s);

2.     Company FEIN letter from IRS (if no H1b has been filed by the employer from 12/2009 to present);

Employee-related documents:

1.      Resume

2.      Degree

3.      Transcripts

4.      Passport; visa and front and back of I-94 (Arrival/Departure Card)

5.      All proof of US legal status

Dependent-related documents:

1.      Passport; visa and front and back of I-94 (Arrival/Departure Card)

2.      All proof of US legal status

3.      Birth certificate of children

4.      Marriage certificate of spouse

Additional information is required to complete the H-1B application.
Please provide the following information:

Employer Information
Name: ____________________________________

Business Address:_____________________________________________________
Tel:____________________ Fax:________________________
IRS Tax #: ________________________

Type of Business: __________________________
Year Established: _____________

Current Number of Employees: _______

Gross Annual Income: _____________ Net Annual Income: ______________
Name of Officer Who Will Sign the H-1B Petition: ___________________________________

Title of Officer Who Will Sign the H-1B Petition:


Email of Officer Who Will Sign the H-1B Petition:


Employee Information

Last Name:__________ First Name:_______________ Middle Name: ________
Date of Birth (mm/dd/yy): _____________

Province of Birth: _________________Country of Birth: _________________

Social Security Number:_______________ A#: ________________

Passport number: _________________

Date passport issued: _________________

Date passport expires: _________________

If in the U.S, please provide the following information:

Date of Arrival (mm/dd/yy):______________ I-94#: ______________________

Current Non-immigrant Status:______________________

Expires on (mm/dd/yy): ______________

Previous Foreign Address: ________________________________________________

Employment Information

Job Title: ___________________

Detailed, non-technical job description:

Address where the employee will work (if different than Employer Address listed above):


Is this full-time employment? Yes / No Hours per work __________

Wages per week or per year: ____________

Other compensation (Please explain):                                                                                  

Value ($) per week or per year: __________________________

Dates of intended employment: From: __________ To: _______________