H-1B Visas in Pittsburgh and Surrounding Counties
Understanding H-1B Visas
The H-1B visa allows U.S. companies and organizations to employ foreign nationals in specialty occupations that typically require a bachelor’s degree or higher. This nonimmigrant visa is initially valid for up to three years and can be extended up to a maximum of six years, with additional extensions available under certain circumstances.
Specialty Occupation Requirement
H-1B visas are available only for workers in specialty occupations. To qualify, the job must normally require at least a bachelor’s degree as a minimum entry requirement. Employers must provide evidence to USCIS that:
- The degree requirement is common in the industry for the job, or the job is so complex or unique that it can only be performed by someone with a bachelor’s degree.
- The employer usually requires a bachelor’s degree for the position.
- The job duties are so specialized and complex that the knowledge required is typically associated with attaining a bachelor’s degree.
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Education Requirement
To be eligible for an H-1B visa, the foreign worker must possess a bachelor’s degree or its equivalent in work experience. The degree should be relevant to the specialty occupation. If the degree was obtained outside the U.S., it must be evaluated by an accredited credential evaluator to determine its equivalence to a U.S. bachelor’s degree.
If the foreign worker lacks a bachelor’s degree or holds an unrelated degree, they may qualify based on relevant work experience. They must demonstrate at least twelve years of relevant work experience or three years of experience for each year of missing college education.
H-1B Cap
There is an annual cap of 65,000 H-1B visas, with an additional 20,000 visas for individuals holding U.S.-issued master’s degrees. USCIS begins accepting petitions on April 1st each year for the following fiscal year starting October 1st. Due to high demand, a lottery system is used if applications exceed the cap within the first few days.
Certain petitions are exempt from the cap, including those filed by universities, affiliated nonprofit entities, nonprofit research organizations, and government research organizations. H-1B renewals and transfers are also exempt, provided the applicant has previously been subject to the cap.
Application Process
A U.S.-based employer must sponsor the foreign national for an H-1B visa. The multi-step process includes:
- Filing a Labor Condition Application (LCA) with the U.S. Department of Labor.
- Posting the LCA notice at two conspicuous locations where the foreign national will work.
- After LCA approval and notice posting for at least ten days, filing Form I-129, Petition for a Nonimmigrant Worker, with the USCIS Service Center.
Contact a Knowledgeable Business Immigration Lawyer in Pittsburgh
Whether you are a foreign worker seeking an H-1B visa or a business looking to understand the H-1B process, Elias Legal Firm is here to help. Attorney John M. Elias, Esq., is an experienced business immigration lawyer who can guide you through the complexities of the H-1B visa process.
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To discuss your business immigration needs with John M. Elias, please contact Elias Legal Firm at (724) 562-5140 or fill out our online contact form. We offer free consultations in person, by phone, or via secure video conferencing. Weekend consultations are also available upon request.
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