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H-1B: Person in Specialty Occupation
This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
H-4 Visa Spouse & Children
Family members of the H-1B foreign worker are admitted to the United States in the H-4 category. Qualifying family members include only the spouse and unmarried children under 21 years old. H-4 dependents are admitted for the same period of time for which the H-1B foreign worker is admitted. H-4 dependents may alternatively be admitted in other nonimmigrant categories for which they qualify. H-4 dependents may undertake studies while remaining in the H-4 category, however, they may not engage in any form of employment.
H Visa Processing times & status checks
Processing Times
- USCIS Service Center Processing Times
- California Service Center
- Nebraska Service Center
- Texas service Center
- Vermont Service Center
Nonimmigrant Visas
H-2 Visa - Temporary Workers
The H-2B visa category is used by U.S. employers to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The company must plan to employ the foreign nationals for a temporary period and the employer’s need for the skills of the foreign nationals must also be temporary. In addition, the employer must seek a “labor certification” from the U.S. Department of Labor (DOL) certifying that:
Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations
Introduction
These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of Oct. 1, 2010 under the Fiscal Year (FY) 2011 H-1B cap.
Questions & Answers
Q: What is the H-1B cap?
A: The cap is the congressionally-mandated limit on the number of individuals who may be granted initial H-1B status or visas during each fiscal year. For FY 2011, the cap is 65,000.
H-1B Fiscal Year (FY) 2011 Cap Season
The H-1B Program
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.
For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models.
How USCIS Determines if an H-1B Petition is Subject to the FY 2011 Cap
USCIS Continues to Accept FY 2011 H-1B Petitions
U.S. Citizenship and Immigration Services (USCIS) announced it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption.
USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,600 petitions for individuals with advanced degrees.