H-1B

An H-1B visa is a temporary work visa that allows U.S. employers to hire foreign workers in specialized occupations. 

To be eligible for an H-1B visa, a foreign worker must have a job offer from a U.S. employer in a specialty occupation, which typically requires a bachelor’s degree or higher. 

There is an annual cap of 85,000 visas available for H-1Bs, however some employers may meet an exception to this annual cap, such as universities and non-profit organizations, and those workers who were previously included in the H-1B cap.

H-1B visas are issued for an initial period of up to three years, and can be extended for up to a maximum of six years in most cases. Spouses and unmarried children under the age of 21 may also accompany the visa holder to the U.S. on H-4 visas but spouses generally will not be authorized to work.

Do you want to know more information about the annual cap?  See our VIDEO

E-3

The E-3 visa offers an additional option for Australian nationals who meet the requirements above.  Unlike the H-1B visa, there is no annual cap on the number of E-3 visas that can be issued, and spouses and unmarried children under the age of 21 may also accompany the visa holder to the U.S. on E-3D visas.

In addition, E-3 visa holders can apply for work authorization for their spouse, which allows their spouse to work in the United States while they are on an E-3 visa.

H-1B1

An H-1B1 visa is a temporary work visa that allows citizens of Chile and Singapore to work in the United States in a specialty occupation. The visa is a subcategory of the H-1B visa, but it has certain requirements and limitations specific to citizens of Chile and Singapore.

The H-1B1 visa is issued for a period of up to 18 months, with the possibility of extensions for up to a total of three years. However, unlike the H-1B visa, there is no annual cap on the number of H-1B1 visas that can be issued.

Spouses and unmarried children under the age of 21 may also accompany the visa holder to the U.S. on H-4 visas, but they are not allowed to work in the United States.

Overview of H-1B, E-3, and H-1B1 Visas

The H-1B, E-3, and H-1B1 visas are temporary work visas that allow U.S. employers to hire foreign workers in specialized occupations. Each visa has specific eligibility requirements and benefits tailored to different groups of foreign nationals. Elliott Immigration Law LLC provides comprehensive support for individuals and employers navigating these visa processes.

How We Can Help

At Elliott Immigration Law LLC, we assist with all aspects of the H-1B, E-3, and H-1B1 visa application processes. Our team in Atlanta, Georgia, will guide you through each step, ensuring you meet all requirements and submit complete and accurate applications. Contact us today to learn how we can assist you in obtaining the right visa for your needs.

H-1B Visa

An H-1B visa allows U.S. employers to hire foreign workers in specialty occupations that require a bachelor’s degree or higher.

Eligibility Requirements

• Job Offer: The foreign worker must have a job offer from a U.S. employer in a specialty occupation.
• Education: The position typically requires a bachelor’s degree or higher.
• Annual Cap: There is an annual cap of 85,000 H-1B visas, though some employers (e.g., universities, non-profit organizations) may be exempt.

Duration and Extensions

H-1B visas are issued for an initial period of up to three years and can be extended up to a maximum of six years. Spouses and unmarried children under 21 may accompany the visa holder on H-4 visas, although spouses generally are not authorized to work.

E-3 Visa

The E-3 visa is specifically for Australian nationals in specialty occupations, similar to the H-1B visa.

Eligibility Requirements

• Nationality: The applicant must be an Australian national.
• Job Offer: A job offer in a specialty occupation from a U.S. employer.
• Education: The position typically requires a bachelor’s degree or higher.

Key Benefits

• No Annual Cap: There is no annual cap on the number of E-3 visas issued.
• Spousal Work Authorization: Spouses of E-3 visa holders can apply for work authorization, allowing them to work in the U.S.

Duration and Extensions

E-3 visas are issued for up to two years and can be extended indefinitely in two-year increments. Spouses and unmarried children under 21 may accompany the visa holder on E-3D visas.

H-1B1 Visa

The H-1B1 visa is a subcategory of the H-1B visa for citizens of Chile and Singapore.

Eligibility Requirements

• Nationality: The applicant must be a citizen of Chile or Singapore.
• Job Offer: A job offer in a specialty occupation from a U.S. employer.
• Education: The position typically requires a bachelor’s degree or higher.

Key Benefits

• No Annual Cap: There is no annual cap on the number of H-1B1 visas issued.

Duration and Extensions

H-1B1 visas are issued for up to 18 months and can be extended in 18-month increments. Spouses and unmarried children under 21 may accompany the visa holder on H-4 visas, though spouses are not allowed to work in the U.S.

Application Process for H-1B, E-3, and H-1B1 Visas

Step 1: Employer Sponsorship

The U.S. employer must sponsor the visa applicant by filing a Labor Condition Application (LCA) with the Department of Labor.

Step 2: Filing the Petition

For H-1B and H-1B1 visas, the employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS. For E-3 visas, the applicant may apply directly at a U.S. embassy or consulate.

Step 3: Consular Processing or Change of Status

After USCIS approval (if applicable), the applicant may apply for the visa at a U.S. embassy or consulate abroad, or if in the U.S., apply for a change of status.

Step 4: Visa Issuance

Upon approval, the applicant will receive their visa, allowing them to work in the U.S. in their specialty occupation.

Frequently Asked Questions

What is the annual cap for H-1B visas?

There is an annual cap of 85,000 H-1B visas, with 20,000 reserved for individuals with a U.S. master’s degree or higher.

Can spouses of H-1B, E-3, or H-1B1 visa holders work in the U.S.?

Spouses of E-3 visa holders can apply for work authorization. Spouses of H-1B and H-1B1 visa holders generally cannot work, but they may apply for H-4 dependent visas.

How long can I stay in the U.S. on an H-1B, E-3, or H-1B1 visa?

H-1B visas can be issued for up to six years. E-3 visas can be extended indefinitely in two-year increments. H-1B1 visas can be extended indefinitely in 18-month increments.

Why Choose Elliott Immigration Law LLC?

• Experience and Expertise: Our attorneys have extensive experience handling H-1B, E-3, and H-1B1 visa applications. We stay current with immigration laws and use our knowledge to benefit our clients.
• Personalized Attention: We take the time to understand your unique situation and provide tailored solutions. You are not just another case to us; you are a valued client.
• Commitment to Success: Our high approval rate and successful track record demonstrate our commitment to achieving the best possible outcomes for our clients.
• Transparent Communication: We believe in clear, honest communication. You will always know where your case stands and what to expect next.

Contact Us Today

If you need expert assistance with your H-1B, E-3, or H-1B1 visa application in Atlanta, Georgia, contact Elliott Immigration Law LLC today. Our team is here to help you navigate the complexities of immigration law and achieve your goals. Whether you need assistance with temporary work visas, family-based immigration, or other immigration services, we are ready to provide the support and expertise you need.

For more information or to schedule a consultation, please access our contact us page or call us at (404) 890-0372. We look forward to helping you with your immigration needs in Atlanta, Georgia.