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Applying for US H-1B Visa and Requirements Needed

Please note that the H-1B visa is currently suspended until December 2020

The USA is undoubtedly the number one destination for migrants across the world. With an enormous employment market, a diverse economy, and a wide variety of states to choose from, the US offers a vast array of potential options for those looking to move. Like most countries, the US has a visa system that allows foreign migrants the opportunity to come to the country often to settle permanently. One visa option for highly skilled migrants looking to move to the US is the H-1B visa. In this article, we will look at the H-1B visa, assessing who can apply, how they can apply, and answering some questions that you may have about the visa route.


What Is An H-1B Visa?

The H-1B visa is an employment-based US visa that allows businesses within the country to employ talented migrants. The visa is restricted to specific industries such as IT, engineering, finance, and medicine. The visa allows businesses in the US to take advantage of skills that may not be available locally, by bringing in migrants to plug specific skills gaps.

Because of the highly skilled nature of the visa, it is restricted to those who have achieved a bachelor’s degree or equivalent work experience.

The H-1B visa allows migrants the opportunity to live and work in the US for the employer for an initial period of up to three years. The visa can be extended for a further three, giving the migrants up to six years in total of leave to live and work in the country using the visa.

As well as being able to live and work in the country for the time period specified, the H-1B visa is also recognised as a “dual intent” visa. This means that the visa holder can apply for a Green Card while they are in the US. This is the ideal option for those who wish to make the US their home permanently.

H-1B Visa Cap

Because of the generous nature of the H-1B visa, it is subject to an annual cap. This means that competition for places is tough. Each year there are only 85,000 H-1B Visas up for grabs. Only 65,000 of these go to overseas migrants. The remaining 20,000 go to speciality workers who have received advanced degrees from US academic institutions.

These places are applied for by the employer around six months before the migrant can begin working for the business, and are applied for at the beginning of the financial year. Because of the huge number of applications (the cap is always oversubscribed), the government holds a lottery for places. This means that the chances of getting to the US via this route are relatively poor.

What Are The Eligibility Requirements For An H-1B Visa?

The H-1B visa is for specialty staff who work in very specific occupations. For a job role to be eligible, it is important that not only does the migrant hold a US bachelor’s degree or foreign equivalent, the job must also commonly require someone with such an academic record. These jobs often require that the applicant gains specific skills during their degree.

As well as the job requirement, the following is required of the migrant:

  • The completion of a US bachelor’s degree or foreign equivalent
  • Hold an unrestricted state certification, licence or registration for the role in the required state
  • Have recognised expertise in the role or industry that is being applied for

If you cannot meet these eligibility criteria, then there may be alternative options such as the H-2B visa that is suited to a wider range of roles and industries. If you are looking to move to the US office of a company that you are already employed by, you may also be interested in the L-1 visa.

How Do I Apply For A US H-1B Visa?

The H-1B visa is unique in a way that the employer is actually the one who makes the application. To be considered for an H-1B visa, you will first need to find a suitable sponsor in the US. If they feel that you are the applicant they wish to take on, the sponsor then starts the process by lodging an application. However, you will also need to fill in form I-129H (Petition for a nonimmigrant worker). Our team can help to manage the entire process, working with both you and your prospective employer to ensure that all paperwork has been completed correctly. This gives your application the very best chance of success.

Once the sponsor completes their application there is a wait time of anywhere between two and six months for approval (unless a premium service is used). If approval is given, the migrant will need to visit their local embassy/consulate to complete the process and receive their visa. Once you have received your visa, you can begin the process of relocating to your chosen location in the US and begin working.

See also 'Top tips on how to find US work visa sponsor employers' here.

Can I Bring Family Members To The US On A H-1B Visa?

One of the major benefits of the H-1B visa is the ability to bring certain family members with you to the US. You can bring a spouse and/or your children (under 21 years of age) to the country using an H-4 visa. It will entitle them to remain in the US for as long as you hold your H-1B visa.

While your relatives may join you in the US, they cannot work. Unfortunately, one major drawback of the H-4 visa is the inability to take on employment. This means that you will need to prove that you can provide for your family members during their stay in the US.

Despite the drawbacks, H-4 visa holders are entitled to other benefits of living in the US, such as being able to attend schools, learning to drive and opening bank accounts.

Some of our Happy Clients

Reiss Edwards Awards

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Lexis Nexis
Three Best Rated
Department For International Development
University Of Cambridge
ACQ5 Awards Award ACQ5 Awards Award
Lexis Nexis Lexis Nexis
Three Best Rated Three Best Rated
Department For International Development Department For International Development
University Of Cambridge University Of Cambridge

O.L

Andy Tieu is absolutely amazing.

As a lawyer myself I can categorically say that he knows his stuff, gentle, responsive, cares about you and not just about the money, very professional.
I mean I can go on and on!

Andy and the entire team at Reiss Edwards are amazing!

Thanks again Andy.

Kiran Sardar


I found Joe very helpful and tremendous patience which is a must in this professional as there are lots of emotions always involved in each and every case.

The way they dealt with my case during COVID19 Situation is highly appreciable. I would definitely recommend Joe D. and Anna F. Anna is an amazing lady, her patience is beyond my words.

Her hard work and professionalism have no boundaries. She is the right person for all type of cases.

Thanks to Anna and Joe for all your support and guidance which helped me fulfill my dream.

I would say Reiss Edwards is lucky to have Joe D. and Anna F. Great job Reiss Edwards.

thanks once again. Anna you’re a Gem and a Star.

Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was outstanding. Handling the case with constant correspondence over a lengthy, lockdown delayed 7-month application process. Her expert advice guided us successfully through some difficult times as a result of COVID-19. Some of the best service I have received for any service ever! Often replying to emails late at night, offering to send additional correspondence to the home office and going above and beyond in handling our case! Well done and thank you Reiss Edwards and thank you Anna!!".

Isaac .T

"Professional service. I was very impressed with the fact that my ILR application was successful 6 weeks after the submission amidst the COVID-19 pandemic. I also think the portfolio put together by the team at Reiss Edwards has played a big part in the quick turnaround of my application".

Jesse Lee

"Reiss Edwards did a great job, and so much work, for their reasonable fixed fee. I would heartily recommend them to anyone looking to secure a Visa and /or Visa renewal. I will use them again when mine needs to renew. Great value".

Majlinda Berisha

"The help, the professionalism, the kindness from this team is phenomenal. A massive thank you to Anna Foley.

I have had a really tough time with getting my husband’s visa. My last immigration lawyer made many mistakes that caused stress, disappointments and sadness.

I was weary about getting another lawyer as I thought I was going to go through the same experience but no, it turned out better than what I had hoped or even imagined.

What I received was: constant emails and calls updating me and asking if anything else is needed. If I called and they missed my phone call I would get a call back within 10 minutes. All of my documents were carefully checked and I would get a reply the next day if anything was missing or not correct. There were times that I was impatient and asked to just send the visa off, but was reminded that everything had to be perfect and correct before submitting the application. I was told about every option I had and discussed what the best would be. I was always spoke in a nice, calm, polite manner.

The overall intelligence of this team, especially Anna Foley for me, is outstanding. I am speechless. Anna done such an amazing job on my husband’s application that although we couldn’t apply for the fast service and was told to wait for 12 weeks, we got a reply within 5 weeks.

That alone shows what an amazing and talented team Reiss Edwards are. Thank you".

Christine .C

"I wholeheartedly recommend Reiss Edwards to anyone who is in search of immigration advice. I had the pleasure of speaking with Amar who has been very thorough in finding a solution to my enquiry, and followed up with additional information even after the consultation. I normally don't leave reviews, and this firm already has enough good reviews for me to need to my own anyways! However, in this instance, I do hope that my review can let anyone who reads it be aware that RE is a great choice, these people care enough to help you the best they can".

Zohaib Butt

"I had the chance to use Reiss Edwards services for my Tier 2 extension. Marija dealt with my case and I found her very professional and experienced in dealing with my application. The care and attention to detail was exceptional. I would definitely recommend Reiss Edwards!".

Quintus Liu

"Knowledgeable, experienced, and relatable. Translated a complex process into steps that are easy to follow. Cruised to 3 successive wins on my Tier 1 graduate/entrepreneurship visa which allowed us to play our part in making the UK a better and healthier place!".

Khasan Vosijonov

"Thank you, Ms. Anna Foley! I am writing this with tears of joy.

As a family, we are all grateful to Anna Foley and her firm Reiss Edwards, for doing all the hard work and giving us the best support. Finally We found the best law firm".

Saira Lawson-Brown

"Highly professional organisation and really supportive solicitors. Ina Iteva the solicitor that was provided to us was a blessing in disguise, as our first solicitor was let go off due to pandemic. She was so supportive and understanding throughout the process, and my husband spouse visa was granted due to their effort and attention to detail. We constantly try to keep in touch with her and consider her as more of a friend now than a solicitor. Sure, to bother her and the firm more in the future".

Nora Nkechi

"My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team".

Deepak Chartbhurjh

"This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again. I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle".

Hakeem Salam

"I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them".

Top Notch Immigration Service

"Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them".

Mo Hussein

"I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation".

Gallagher Jones

"I contacted Reiss Edwards to help me with my wife's UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly".

Richard Stone

"I have just had British Citizenship application approved. Prior to making the application, I was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that I wasn't disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle their case, contact Reiss Edwards".

Fong Li

"Investing over 2 million pounds is definitely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind".

Nancy Jacquard

"It's a shame that you don't have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards".

Florence Giwa

"I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards".

Salisu Ibrahim

"Fantastic Solicitors!!! My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them".

Amir Sandeep

"The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help".

Reiss Edwards Reviews

O.L

"Andy Tieu is absolutely amazing, as a lawyer myself I can categorically say tha...

Read More

Kiran Sardar

"I found Joe very helpful and tremendous patience which is a must in this profes...

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Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was ou...

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Isaac .T

"Professional service. I was very impressed with the fact that my ILR applicatio...

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Jesse Lee

"Reiss Edwards did a great job, and so much work, for their reasonable fixed fee...

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Majlinda Berisha

"The help, the professionalism, the kindness from this team is phenomenal. A mas...

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Christine .C

"I wholeheartedly recommend Reiss Edwards to anyone who is in search of immigrat...

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Zohaib Butt

"I had the chance to use Reiss Edwards services for my Tier 2 extension. Marija ...

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Quintus Liu

"Knowledgeable, experienced, and relatable. Translated a complex process into st...

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Khasan Vosijonov

"Thank you, Ms. Anna Foley! I am writing this with tears of joy. As a family, we...

Read More

Saira Lawson-Brown

"Highly professional organisation and really supportive solicitors. Ina Iteva th...

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Nora Nkechi

"My Tier 1 Investor Visa was dealt with quickly and without issue. Would recomme...

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Deepak Chartbhurjh

"This is the only firm that i spoke with that didn't ask for money before listen...

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Hakeem Salam

"I used Reiss Edwards immigration lawyers to assist with my immigration matter a...

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Top Notch Immigration Service

"Reiss Edwards is a top notch immigration service company. The way they handled ...

Read More

Mo Hussein

"I have been using Reiss Edwards for three years now for my family's immigration...

Read More

Gallagher Jones

"I contacted Reiss Edwards to help me with my wife's UK settlement visa. They ac...

Read More

Richard Stone

"I have just had British Citizenship application approved. Prior to making the a...

Read More

Fong Li

"Investing over 2 million pounds is defintely not a routine decision. We had to ...

Read More

Nancy Jacquard

"It's a shame that you don't have an 'Excellent' star rating on here, as my expe...

Read More

Florence Giwa

"I am glad that i instructed Reiss Edwards on my visa matter. It started with a ...

Read More

Salisu Ibrahim

"Fantastic Solicitors!!! My wife's spouse visa extension application was refused...

Read More

Amir Sandeep

"The team of lawyers at Reiss Edwards are very professional and friendly people....

Read More