H1B Visa Overview

Objective

This document provides a comprehensive overview of the H1B visa process for working in the United States, including eligibility, application process, lottery system, exemptions, and post-approval steps.

Key Points

1. What is the H1B Visa?

• A popular work visa option for the United States.
• Designed for individuals coming to work in "specialty occupations."

2. Specialty Occupations

• Defined as jobs that normally require at least a bachelor's degree in a specific specialty.
• Your degree and education must be related to your work.
• Common qualifying roles: accountants, computer engineers, doctors, etc.
• Jobs not requiring a bachelor's degree, like janitorial positions or taxi drivers, do not qualify.

3. H1B Visa Cap & Lottery

• H1B visas are capped—only a limited number issued each year.
• High demand leads to a government-run lottery every March.
  • Employers register employees for the lottery.
  • Recent selection rate: ~25%.
  • Lottery winners can apply for H1B status.

4. Application Timeline

1. March: Employers submit lottery registrations.
2. End of March: First lottery selection round announced.
3. April: Selected applicants submit full H1B applications.
4. October 1st: Approved H1Bs start employment in the US.

5. Application Requirements

• Includes documents about the individual, employer, and job.
• Must prove the job is a specialty occupation and the applicant is qualified.

6. Cap-Exempt Organizations

• Certain employers (universities and nonprofit organizations affiliated with universities) are exempt from the H1B cap and can apply anytime.

7. Applying from Inside vs. Outside the US

• Already in the US (e.g., as a student): Apply for H1B; status starts October 1st.
• Outside the US: Apply for an H1B visa at a US consulate, then enter the US; may enter shortly before October 1st.

8. Employer Sponsorship

• H1B requires employer sponsorship.
• Self-petition is not permitted; cannot apply for an H1B without a job offer.

9. Duration & Extensions

• Initial H1B grant: up to 3 years.
• Extensions possible, up to a total of 6 years.

10. Pathway to Green Card

• H1B visa holders may apply for a green card, typically sponsored by their employer after a few years.

Assistance from Manifest Law

• Manifest Law offers professional legal support throughout the H1B process.
• Services include form preparation, consulting, and increasing success chances.
• Free consultations are available.

Summary Table

| Step | Timeline | Notes | ||-|| | Employer Registers | March | For H1B lottery | | Lottery Results | End of March | ~25% selection rate | | File Application | April (if selected) | Includes required documentation | | Start Work | October 1 | For approved cases | | Duration | Up to 3 years (extendable) | Max 6 years (standard); may pursue a green card | | Cap-Exempt Cases | Any time | Universities, certain nonprofits | | Sponsorship | Company required | No self-petition |

For guidance and help with your H1B visa application, contact Manifest Law for a free consultation.