Basic Overview of H1-B Visas

H1-B and Dual Intent

The H1-B visa is probably the most popular visa used by workers seeking employment authorization in the United States. One reason for the popularity of the H1-B visa is that it allows dual intent. Dual intent means that you can hold an H1-B visa and simultaneously apply for legal permanent residency (a "green card").

H1-B is for A Limited List of Specialists and Professionals

The H1-B visa is available to a limited list of professionals and specialists. USCIS guidance on approved professions and specialities is available by clicking here. A professional typically will seek an H-1B to begin work in the United States, and often, but not always, later file an application to obtain permanent resident status.

How Long is an H1-B Visa Valid for?

An H-1B petition may be valid initially for up to three years. USCIS commonly grant an extension of the initial H1-B visa for a second period of three years. Limited additional H1-B visa extensions are available beyond the second year period in special circumstances.

Do You Qualify for an H1-B Visa?

Immigration lawyers and USCIS generally apply a three step analysis to see if a client might qualify for an H1-B visa:.

  1. The attorney will determine if the position the foreign national will fill is a professional or specialist job;
  2. The attorney will review the applicants education and background to ensure that they qualify for the position;
  3. The wages offered by the potential employer must satisfy the Department of Labor (DOL) labor condition application (LCA) criteria; and
  4. It must be determined whether the H1-B applicant is inadmissable to the United States.

Call us at (212)-537-9196 or e-mail us at [email protected]

Client Reviews
Mark is one of the best things happened to me in immigration. I was very skeptical as my last attempt to obtain an L1A was a negative one through another lawyer. Mark came in and… [made] sure that the case [was refiled] successfully. Rest assured, I can vouch for his services and will recommend him highly. Indian L1 Applicant previously denied using another law firm
I have been dealing with this firm for the last several years. They got my E2 visa approved followed by my E2 visa renewal as well. They are the best immigration lawyers I have ever met….. No one can give you better service than this firm. Australian E-2 visa applicant
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand. I have recommended this firm to several friends and colleagues, they do an excellent job every time." Individual Seeking 'Impossible' TN Visa
Davies & Associates provided me with truly outstanding customer service 7 days a week. Technically brilliant, Davies & Associates not only successfully obtained E-2 visa status for myself and my Indian wife but also seamlessly coordinated my entire legal team, ensuring the timely completion of my acquisition." E2 Visa Applicant and Business Owner
I was qualified as a physician in a foreign country. Being on a J-1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J-1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States." Doctor Seeking J-1 Visa Waiver
My exisiting immigration lawyer, who has a global reputation in immigration law, told me that "it couldn't be done". Someone suggested I speak to Davies & Associates and they obtained the immigration benefits I wanted. I will always use this firm in the future, they are miracle workers." Small Professional Business With International Offices
I am very satisfied with the services Mark Davies has provided me. He has a very extensive knowledge in immigration laws and has a thorough approach to any case." U Visa Applicant, A Victim of Crime
There is no question that Davies & Associates is clearly the leading E-2 visa law firm in the United States." E2 Visa Applicant and Business Owner
Extremely knowledgable, available, and reliable Mark was a god-send when dealing with USCIS. He is very experienced so he knows the ins and outs of the process, can predict response times and is very available to answer questions in a timely and friendly manner. Highly recommended to anyone trying to navigate a complicated immigration process at any stage." Syrian Marriage Based Immigrant Visa Applicant with Two Year J-1 Waiver
I highly recommend Davies & Associates LLC Mark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer." Small Business Owner and E-2 Visa Applicant