Work in the United States with the H visa
H Visas are crucial for U.S. companies to fill temporary labor needs, whether in specialty occupations (H-1B) or in agricultural/seasonal jobs (H-2A/H-2B). It is the flexible solution for temporarily hiring professionals from abroad, allowing global talent to contribute to the U.S. economy.
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The H Visa: For Specialty Occupation Professionals and Temporary Workers
The H Visa is one of the most widely used categories for temporary work in the United States, and it is divided into three main subcategories: H-1B, H-2A, and H-2B.
Each one serves a specific worker profile and has distinct requirements. All of them require sponsorship from a U.S. employer, who must file the petition on the worker’s behalf.
The H Visa does not automatically grant permanent residency, but it can be a strategic step within a long-term immigration plan.
The H-1B Visa is for professionals working in “specialty occupations,” which are roles that require, at a minimum, a bachelor’s degree in a specific field or its equivalent in experience.
Work in the United States with the H visa
This category is widely used by professionals in technology, engineering, healthcare, finance, architecture, education, and other fields that demand advanced technical knowledge. The H-1B is initially granted for up to three years, with the possibility of an extension for another three years, totaling six years.
The H-2A Visa is for temporary agricultural workers who come to the U.S. to perform seasonal or temporary services in the agricultural sector. The H-2B Visa is for temporary non-agricultural workers in fields such as hospitality, tourism, construction, landscaping, and other sectors with a seasonal or temporary need for labor. Both the H-2A and H-2B require a labor certification and a demonstration of a shortage of available U.S. workers.
This Visa is ideal for specialized and temporary workers with proven demand in the U.S. market
The audience for the H visa is twofold: the employer who needs to fill a position and the professional (H-1B) seeking a specialty occupation role in the U.S. It is crucial that the petition (Form I-129) demonstrates the professional’s qualifications and the company’s genuine need, especially in fields subject to caps and complex certification processes.
Professionals with a bachelor's degree (or equivalent experience) in specialty occupations that require advanced technical knowledge (H-1B).
Temporary agricultural workers who perform seasonal services essential to the American rural economy (H-2A).
Temporary non-agricultural workers in sectors such as hospitality, construction, tourism, landscaping, and events (H-2B).
Professionals sponsored by U.S. employers who can prove a specific and temporary need for their skills.
Individuals who wish to work legally in the U.S. for a specified period, with the possibility of extension or transition to permanent residency categories.
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The H-1B is defined by annual caps and high competition. Our legal expertise focuses on strengthening the connection between the occupation and the applicant’s qualifications, maximizing the chances of success in the I-129 petition and ensuring the position’s compliance.
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Founded in 1992, Kravitz & Guerra Law Offices is a law firm with a well-established presence in Miami, Florida, specializing in North American immigration law. With over 40 years of combined experience, our legal team is led by Robert Alan Kravitz, founding partner and active member of the American Immigration Lawyers Association (AILA), and Genilde Guerra, with extensive experience in real estate, tax, and corporate law.
We believe that every immigration process tells a unique story. That is why our approach is deeply personalized: we carefully analyze your profile, design tailored strategies, and guide you through each step with proximity and clarity.
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Is there an annual limit on the number of H-1B Visas granted?
Yes. The U.S. Congress has set an annual cap of 65,000 new H-1B Visas per fiscal year, with an additional 20,000 slots reserved for professionals with a master’s or doctoral degree from a U.S. institution. Due to high demand, USCIS conducts a lottery (random selection) when the number of petitions exceeds the limit. It is crucial to file the petition as soon as the registration period opens.
How long does the H-1B Visa approval process take?
Regular processing time can vary between 3 and 6 months. However, there is the option of Premium Processing, a paid service that guarantees a response from USCIS within 15 calendar days.
Can I include family members on my H-1B Visa?
Yes. The spouse and unmarried children under 21 are eligible for the H-4 Visa. The H-4 spouse may, in certain circumstances, apply for an Employment Authorization Document (EAD).
Can the H-1B lead to a Green Card?
Yes. The H-1B is a “dual intent” visa, which means the applicant can pursue a Green Card (via EB-2 or EB-3, for example) without it negatively affecting their H-1B status. In contrast, H-2A and H-2B applicants must maintain the intent to return to their home country after the temporary work is completed.
What are the main differences between H-2A and H-2B?
The H-2A is strictly for temporary agricultural work. The H-2B is for temporary non-agricultural work. Both require the employer to prove a temporary need for the labor.
Yes. The U.S. Congress has set an annual cap of 65,000 new H-1B Visas per fiscal year, with an additional 20,000 slots reserved for professionals with a master’s or doctoral degree from a U.S. institution. Due to high demand, USCIS conducts a lottery (random selection) when the number of petitions exceeds the limit. It is crucial to file the petition as soon as the registration period opens.