This is a visa to work in the United States in a temporary manner in a professional capacity. The American government determines which professions qualify and who is considered a professional. It is worth mentioning that the word “professional” does not necessarily imply having attended college since college studies can be replaced by work experience (3 years of experience equals 1 year of studies). Furthermore, for H-1B visa purposes, college and/or technical experience can be used even if the person did not graduate. This visa allows the foreign national to live and work legally in the United States for up to six (6) years. The spouse and children younger than 21 years can also enter the United States for the duration of the visa. Also, this visa allows the beneficiary to seek permanent residence through other means such as Labor Certification, Visa Lottery, Marriage to an American citizen, etc.
The H-1B Visa has the following requirements: 1) A U.S. Company willing to employ the Alien in a position that requires the services of a Professional. The company must be willing to pay the same wage that would be paid to a American citizen in the same position. The salary is determined by the Department of Labor. 2) A foreign worker qualified as a professional for H-1B visa purposes, who is admissible to the United States.
South Florida immigration attorney Jorge L. Delgado can advise you whether you are the petitioner or the beneficiary of an employment based petition.