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H-1B Visa

The H-1B visa is a non-immigrant visa that allows graduate level workers in specialty occupations that require theoretical or technical expertise in specialized fields. The H-1B visa may initially be approved for up to 3 years, and then extended for an additional 3 years.

H-1B visas are subject to an annual cap of 65,000 visas for applicants having at least a bachelorette degree and an additional 20,000 visas for applicants who have an advanced degree from a U.S. institution, and can be filed for 6 months in advance of the start of each federal fiscal year on October 1st.

Even though the H-1 visa is a non-immigrant visa, it is recognized as having the possibility of a "dual" intent; meaning the applicant can file for permanent residence while having an H-1B visa.

H-1B visa holders can bring their spouse and children under the age of 21 to the U.S. with an H-4 visa/.

J. Bruce Weinman, Esq.

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