H-1B and H-4 Visa (Work Permit – Specialty Workers)

In order to obtain an H-1B visa, the employer must apply for it on the prospective foreign employee’s behalf. The prospective foreign employee cannot apply for it their self. The prospective employee must provide their original passport, a compliant photograph, the appointment letter, receipt of fee payment along with other required documentation. 

The H-1B Visa unlike other visas such as the TN Visa is a dual intent visa. This means that the H-1B non immigrant visa holder, may possess an H-1B visa while simultaneously be sponsored for lawful permanent residency through family, marriage or employment based green card.  If the H-1B holder have applies for a family, marriage or employment-based green card while on holding a valid H-1B, the H-1B holder is eligible to extend the H-1B visa indefinitely while the green card application is pending under The American Competitiveness in the 21st Century Act (USCIS).  

To apply for an employment based green card, the H1-B holder must have an employer who Is willing and able to sponsor the H-1B holder for the green card and be employed in a position that meets the eligibility requirements under an employment-based green card category. Not every employer will meet the eligibility requirements to sponsor, in this case the H-B holder may need to switch employment before starting the green card application. Dependents of the H-1B holder may accompany the H1-B visa holder to the United States.

A person qualifies as a dependent if they are an unmarried child under the age of 21 or the spouse of the H1-B Visa holder under the H-4 Dependents Visa Category. Due to the cap limitation of the H-1B Visa it is not always the easiest to obtain and another visa category may be more suitable for your needs such as a TN (for North American Citizens), O1 (Professionals with Extraordinary Achievement), E-1 (for foreign investors from treaty nations) and E-2 (for foreign investors from treaty nations) amongst others.