The H-1B visa is used by a foreign national who will be employed temporarily in a specialty occupation or as a fashion model. A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

H-1B status requires a sponsoring U.S. employer. Under current law, a foreign national can be in H-1B status for a maximum period of six years at a time. After that time, a foreign national must remain outside the United States for one year before another H-1B visa can be approved. H-1B workers may also apply to become permanent residents. Permanent resident status may be obtained based on the same or similar job that was used to obtain the H-1B visa.

Are you an H-1B worker who has recently been terminated from employment? Immigration law requires H-1B workers to file extension petitions with the same or new employer before expiration of the visa period, or any termination of employment. Unfortunately, many H-1B workers have fallen out of status due to termination from employment. Alaniz & Schraeder, LLP recently assisted a terminated H-1B worker extend his status with another employer after he had been out of work for two months.