Understanding the H1-B Visa Program: Is It Right for You?

Non-immigrant work visas allow individuals to work temporarily in the United States under specific circumstances. The details of those circumstances depend on the type of work to be performed.

The H1-B visa is designed to allow U.S. employers to hire foreign workers for a specified duration. Where this visa type differs from other temporary, non-immigrant visas is that applicants must possess a type of highly specialized knowledge or ability to perform the work in question.

The experienced immigration lawyers at Buhler Thomas Law help workers and employers navigate the complex landscape of applying, qualifying for and obtaining work visas. Consider the following information to learn more about the H1-B visa and whether it might be right for your circumstances.

Who Can Qualify for an H1-B Visa in Salt Lake City?

Three sets of qualifications exist for H1-B visas, depending on whether the applicant plans to apply under the category of specialty occupation (H1-B), DOD research and development project worker (H1-B2), or prominent fashion model (H1-B3). Because most applicants fall into the first category, we will explore only those specific requirements. Please contact our office to learn more about this or the other H1-B visa qualification requirements.

The specific job to be filled must require highly specialized theoretical and practical knowledge and the position must require at least a bachelor’s degree in the specialized field. To qualify as a specialty occupation, the position must typically require a bachelor’s degree or above (or its equivalent) within the subject industry or the employer must typically require this degree. Alternatively, the position must be of such a specific and complex nature that only someone with a bachelor’s degree or equivalent could perform in the role.

The applicant for the position must possess a U.S. bachelor’s degree or a foreign equivalent from an accredited college or university or hold unrestricted state licensure, registration or certification for the specialty occupation and currently be immediately engaged in the performance of that occupation in the state where the open position is located.

How Long Is an H1-B Visa Good For?

Generally, an H1-B visa is good for a period of three years. However, this period can be extended for an additional three years, if necessary.

In most cases, these visas cannot be extended beyond a total of six years. However, in some cases, exceptions may be made under specific sections of the American Competitiveness in the Twenty-First Century Act (AC21).

An experienced Utah visa attorney can help you determine whether your H1-B visa can be extended and assist you in working toward that objective.

How Do You Get an H1-B Visa?

Employers who seek this type of visa for a worker must start by getting certified with the Department of Labor and then applying to USCIS. Applying for an H1-B visa in Salt Lake City also requires several steps from the potential employee. Because this process can be arduous, many employers elect to use the assistance of a qualified immigration law firm like Buhler Thomas.

Buhler Thomas Law assists U.S. employers who seek to hire foreign workers. We also assist foreign workers who seek employment in the U.S. Contact us now to learn more about getting an H1-B visa in Salt Lake City or the surrounding communities of northern Utah, or to get started with the visa application process for yourself or a desired employee.