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H-1B Visa News and Rules

H-1B visa news and rules: the fee proclamation and court challenges, the grace period after job loss, H-4 EAD for spouses, and H-1B compared with L-1 and O-1.

27 articles tagged H-1B Visa

Articles tagged “H-1B Visa”

What Is the H-1B Visa

The H-1B is a US nonimmigrant visa for specialty occupations, meaning jobs that require at least a bachelor's degree or its equivalent in a specific field. It is employer-sponsored: the employer first obtains a certified Labor Condition Application from the Department of Labor, then files Form I-129 with USCIS.

Most new petitions are subject to an annual cap and go through an electronic registration lottery, while universities and certain nonprofit and government research organizations are cap-exempt. Status is granted for up to three years at a time, generally with a six-year limit that can be extended for workers whose green card process has reached certain stages. Spouses and children under 21 hold H-4 status, and some H-4 spouses qualify for an EAD work permit.

The H-1B is often compared with the L-1, which covers transfers within one company group, requires a year of work abroad for an affiliated employer and involves no lottery. The H-4 EAD and the post-employment grace period rest on DHS regulations rather than statute, so they can be changed through the rulemaking process.