The H1B visa is a non-immigrant, employment-based visa, issued to temporary workers. In order to obtain this visa, an employer must offer a job in the US. Further, he must apply for  H1B visa petition with the US Immigration Department. This approved petition functions as a work permit which enables you to obtain a visa stamp and work in the U.S. for that employer.

Eligibility- US H1B Visa

 In order to acquire US H1B Visa, an applicant must meet the following criteria:

The US H1-B visa is intended to be used for staff in specialty occupations.

In order to qualify for H1B visa  as a Specialty Occupation, the job must meet certain criteria. In other words, H1B Candidate must have technical or theoretical experience in the various specialized fields such as Medical, Science, IT, Accounting, Engineering, Architecture and many more. First up, the US employer must be able to validate the exclusive need for the foreign worker/visa holder. Also, he needs to prove that the job cannot be accomplished by a local citizen. This might be because he is unavailable or not qualified, either academically or professionally.


For the candidate to be able to accept a job offer, the following criteria need to be met. The employee must have completed a bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university. He must also hold an unrestricted state license, registration, or certification which authorizes him to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment.

Quota :-

Thousands of Candidates apply for H1B visa every year but USCIS(United States Citizenship & Immigration Services ) has now put a limit on H1B visas per year. The Current limit is placed at 65,000 per year. However, an additional quota of 20,000 H1B visa will be issued to candidates who have studied from USA . USCIS has also set up a deadline to submit the applications , if employers are not able to submit the petitions in calendar year , then they still have the chance to submit the applications next year.

Duration of Stay

The total stay under H1B Visa  is limited to 6 years. Initial approval is granted for 3 years, which can be extended in an increment of up to 3 years.


H1B aliens are allowed to work for the petitioning U.S. employer, and the employer may place the H1B worker on the worksite of another employer as part of the company contract. Working under an employer who hasn’t sponsored the H1B visa petition is considered illegal.


A new stamping could be done at any American consulate in any country apart from your home country provided the applicant has been granted the H1B extension approval.

Family Status

The spouse and unmarried children (who are under the age of 21) of H1B professionals are permitted to stay in the United States under a dependent category called the H4 visa for the same length of time as the H1B status.

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