What is a H1B Visa? 

An H1B visa is a work permit issued by a US Consulate/Embassy to an "alien"/foreign worker enabling him/her to work in the US temporarily. There are other options available for those who wish to work in the United States temporarily, like getting an intra-company transfer visa (L1), or a business visa (B1), or even a green card. The H1B work permit visa is the most common one

Who is Eligible ?

The H1B work permit is issued to "professionals" who are working in a "professional capacity." "Professional" means that the worker must have at least a bachelor's degree or the equivalent in work experience. "Working in professional capacity" means that the person is coming to work in the US not to pursue a hobby or a past-time or for giving free advice or humanitarian service but to earn money/livelihood.

Common examples of professionals working in a professional capacity include engineers, teachers, lawyers, accountants, nurses, computer professionals, marekt research analysts, business analysts, economists, IT professionals such as programmers, systems analysts, database administrators; health care professionals, such as physical therapists and laboratory technicians, and variety of other types of professionals

NOTE: For every year of formal education lacking, three years of professional experience can be substituted.

What is required?

The H1B visa is tied to the employer. This means that you must have a sponsoring employer in order to apply.

What does your Employer do ?

The employer has to certify that you will hired to fill a professional position. The employer will also have to certify that he will be paying you the 'prevailing wage' for the position. The prevailing wage must be determined from an objective wage survey of similarly employed professionals in the same geographic area as the one where you will be employed.


A Labor Condition Attestation must also be filed with and approved by the Regional Department of Labor (DOL) office. This application assures the DOL that the company would provide you with a fair salary and equal benefits as a US citizen.

NOTE:  The Employer does NOT have to certify that he is unable to find similarly qualified US workers for the job offered. (To be contrasted with the Labor Certification process)

How long does it take to get a H1-B visa?

At the moment the INS is processing H1-B applications in between 30-120 days from their receipt. However, to guarantee approval or determination of the petition within 15 days the applicant can pay an additional $1000 filing fee for premium or expedited processing.

How long does the H1-B visa last?

The visa can last up to 6 years and can be extended beyond that time in the event that the applicant has a pending Green card application