An H-1B, professional, visa may be issued to an alien who is coming temporarily to the United States to perform services in a specialty or professional occupation.

The applicant for an H-1B visa must first receive an offer of employment from a US company. The company must file the I-129 petition, with H supplement, H-1B Data Processing Form, and an approved labor condition application with the US Citizenship & Immigration Services office having jurisdiction over the place where the alien will be employed.

Please read the instructions, attached to the petition, carefully to determine who can file the petition and what documents will be needed to establish the qualifications for obtaining an approval of an H-1B petition or change of status.

Note: Whenever you mail any forms or documents to the immigration service, you should always do so by certified mail, return receipt requested, or by some form of express mail for which you can obtain proof of receipt. This is very important in the event immigration loses your application. In that event you can submit your proof of receipt, with evidence of payment, and you can establish that you did not violate your status in the United States.

Once the petition is approved, the alien will be sent immigration form I-797 changing the person’s status in the United States and extending the authorized stay for three years, or for the time requested on the petition if less than three years. Each accompanying family member who filed an I-539 application will also be granted the change of status (as an H-4) for the same period as the principal applicant.

If the alien is outside of the United States, the approved petition (form I-797) will be forwarded to the US consulate where the alien will apply for his or her visa. Form DS-160 must be completed online and the applicant must schedule an appointment at the Consulate.  At that time, the applicant should present the necessary documentation that will clearly establish eligibility for the visa. A separate form DS-160 should be completed for each accompanying family member. The H-1B visa will be issued for a period of three years. The spouse and children of the principal applicant will receive H-4 visas for the same period of time. An H-1B or H-4 visa holder, when entering the United States, will be given a period of stay coinciding with the time remaining on the visa.

If the alien desires an extension of stay, he or she should file a request for an extension with the U.S. Citizenship and Immigration Services, which extension will be granted for the period of time requested, up to three years. A maximum of six years in total is permitted on an H-1B visa. Once an extension is granted, if the alien wishes to travel internationally, he/she will be required to apply for a new visa at a U.S. Consulate outside of the United States. The dependents of an H alien are not permitted to work in the United States, unless they also qualify and apply for their own H-1B status.