H-1B1 Visa Law & Legal Definition

The H-1B specialty workers Visa is a nonimmigrant Visa which allows foreign nationals to enter the U.S. and perform services in a 'specialty occupation.' A "specialty occupation" requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. Specialty occupations include: accounting, computer analysts, programmers, database administrators, web designers, engineers, financial analysts, doctors, nurses, scientists, architects and lawyers.

An individual may not apply for H-1B Visa. It is a U.S. employer who has to sponsor the H1B petition to employ a foreign professional. A maximum of 65,000 H-1B Visas are issued every year. Generally H-1B Visa is granted for three years. It may then be extended, in the first instance for two more years, and eventually for another one year. This provides a maximum stay of six years. For further extension, the H-1B professional must remain outside the U.S. for at least one year before becoming eligible for another H-1B Visa. If the professional acquires permanent residency (Green Card) he/she need not remain outside the country for one year. Certain foreign nationals working on Defense Department projects may remain in H-1B status for 10 years.

The H-1B professionals can bring their dependents to the U.S. Their spouse and unmarried children are entitled to an H-4 Visa and can stay as long as the H-1B professional maintains a valid H-1B status. However, they may not accept employment, but can attend school in the U.S. H-1B professionals may even bring their servants on a B-1 Visa.