What is the H-1B visa Category?

The H-1B visa is a non-immigrant visa allowing the employee to work for the sponsoring employer for a total of 6 consecutive years. Their spouses and children (under 21) can legally live in the U.S. on an H-4 visa (although they are not permitted to accept employment).

When applying for an H-1B visa, the employer is the petitioner, while the foreign worker is the beneficiary. The employer files a Labor Condition Application with the U.S. Department of Labor. Second, the employer files a visa petition (Form I-129) with supporting documentation.