The H-1B visa category was established for skilled professionals working in various specialized occupations and requires applicants to possess at least a bachelor's degree or equivalent work experience. The H-1B is a non-immigrant visa specifically targeting professionals in fields that require theoretical or technical expertise, including areas such as science, technology, engineering, mathematics, computer programming, and medicine.

Generally, the visa allows for employment for a duration of three years, with the possibility of an additional three-year extension. If an H-1B holder is in the process of obtaining permanent residency through employment-based immigration, extensions beyond the six-year limit may also be available. It is important to note that the number of H-1B visas is capped annually. To be eligible for H-1B approval, applications must meet the following criteria:

• To qualify for an H-1B visa, the position must be a professional occupation that requires at least a bachelor's degree or its equivalent in a specific field.
• The petitioning company must operate within the United States and possess a federal tax identification number. Additionally, the employer must obtain approval for the Labor Condition Application (LCA) from the U.S. Department of Labor (DOL) for the H-1B position.

Benefits for Spouses and Children

The spouse and children under the age of 21 of an H-1B visa holder can reside in the U.S. for the duration of the visa holder's valid stay. They will hold H-4 status, which allows them to attend school either part-time or full-time.

Education for H-1B Visa Holders

H-1B visa holders may attend school part-time or full-time without needing an F-1 visa, provided they maintain their valid H-1B status.