The H-1B visa is a non-immigrant visa designed to allow U.S. employers to recruit and employ foreign professionals in specialty occupations within the USA for a specified period of time.
The H-1B program provides the opportunity for foreign workers, in specialty occupations, to legally live and work in the US for a total of 6 consecutive years.
It entitles their spouse and children (under the age of 21) to accompany them and legally live in the USA on H-4 visas. However, if the spouse and children plan to work they must secure their own work visa and work authorization.
H-1B1 visa applicants may also be required to meet certain health and character requirements.
Foreign workers must possess at least a bachelor’s degree or its equivalent (this requirement can usually be met by having a 3-year degree and 3 years of relevant post-graduate experience).
The initial H-1B visa may be issued for up to three years. It may then be extended in the first instance for up to two years, and later on for one year, for a maximum of 6 consecutive years.
In some cases, the H-1B visa can be extended beyond the 6 year limit. The H1B visa can also “recapture” time spent abroad while in H-1B status. If an alien opts to “recapture” time abroad, then periods of time spent not in the US will NOT count against the 6 year limit of the H1B visa.