Temporary Skilled Worker Visa (H-1B)

The H-1B category is designed for skilled professionals in a specialty occupation to work in the U.S. on a temporary basis, usually for up to six consecutive years. The alien must possess at least a bachelor’s degree or foreign equivalent, or an equivalent combination of post-secondary education and experience. The H-1B is suitable for engineers, professors, researchers, software programmers and other foreign professionals. Since USCIS imposes an annual cap of 65,000 applications a year, it is impossible to know when the cap will run out. Therefore, it is suggested that the application be made on April 1 (the first day the applications are accepted each year) or a as soon as possible to that date.

Because of this deadline and the visa cap, it is recommended that the H-1B visa be utilized when all other viable visa classifications are not feasible. If the H-1 visa is the only option, those filing must be ready to file by April 1st of a given year in order to be then be cleared to enter the U.S. sometime after October 1 of that same year. As the H-1B visa process has become increasingly complicated, it is highly recommended that those companies interested in bringing a skilled professional to the U.S. consult with a lawyer.

For more information about the annual cap, please see the following:


Should the cap be filled, the Intra-Company Transfer visa (L-1) is sometimes the other viable option, as is the Exstraordinary Ability visa (O-1). Please see the corresponding section for those visas for more information.

Comments are closed.

Legal Disclaimer: The materials appearing on this website are provided for informational use only, and are in no way intended to constitute legal advice or the opinions of this law firm or any of its attorneys. Transmission or receipt of any information from this website does not create an attorney-client relationship, and you should not act or rely upon any information appearing on this website without seeking the advice of an attorney. Moreover, because the law is constantly changing, the materials appearing on this website are not guaranteed to be correct, complete, or up-to-date. This is considered Attorney Advertising by some Bar Associations. Prior results do not imply future similar results.

© 2017 SMA Law Firm, Steve Maggi ESQ, US Immigration and Consular Lawyer, US Immigration Lawyers. Our list of US Visa services include EB-1 Visa - Foreign National of Extraordinary Ability - Outstanding Professors and Researchers, EB-2 Visa - Workers with Advance Degrees or Exceptional Ability in the Sciences Arts or Business, EB-3 Visa: Skilled Workers and Professionals, EB-4 Visa: Special Immigrant Visas for Religious Workers, EB-5 Visa: Investor/Employment Creation Visas, H-1 Visa, L-1 Visa, O-1 Visa and Other US Immigration Visas.

SMA Immigration Law Firm New York Office: 222 Broadway, 19th Floor, NY, NY 10038 - Phone: (212) 402-6885 Fax: (646) 786-4734
SMA Immigration Law Firm London Office: Nabas Legal - International Lawyers City Business Centre, St Olav Court, Lower Road, Unit 23 London SE16 2XB - Phone:+44 (0) 20 7252 0106 - Contact: Herman Santiago - Email: HSantiago@nabaslegal.com
SMA Immigration Law Firm Amsterdam Office: Stage-USA - Haparandaweg 67b6, 1013 BD Amsterdam. Contact: Andries Bonneur - Email: abonneur@stage-usa.nl

SMA Immigration Law Firm on Facebook, SMA Immigration Law Firm on Twitter, SMA Immigration Law Firm on Google+