The H1B visa law is a U.S. work program that permits non-citizens to work in the country. Specifically, individuals who have specialty skills backed by formal educations may apply to work in the country. Generally, these are people with bachelor's degrees or higher.

Before you apply, it's important to understand how the system works. An H1B visa lawyer will tell you to focus on these 5 issues.

Employer Sponsorship

A cornerstone of the H1B program is employer sponsorship. This means there must be a U.S. company with a job position available in the country. Likewise, that company must assert that it can't easily find enough Americans to fill the position.

The employer will be your sponsor. If your employment ends before the visa expires, you will have to vacate the country with 60 days. It doesn't matter whether the employer terminates the position, you quit, or some other circumstance intervenes.

However, you will have the right to apply for a visa under a different program. The government will hold the review of the departure requirement until it can review your new application.

Stay

The standard stay under the H1B visa law is three years. You can, however, apply for a three-year extension. Once the combined 6 years are up, though, you must apply for a different visa, obtain resident alien status, pursue citizenship, or leave the country.

Employment Limits

A sponsored employee can only work for the sponsoring employer. If they perform any other work, it may violate their visa, prompt an investigation, and possibly lead to revocation.

Family Members

Workers often want to know whether their family members can come to the U.S., too. Your spouse must apply for an H-4 visa. If you have a dependent child below the age of 21, they may also pursue an H-4 application.

The U.S. allows family members to file their H-4 applications at the same time as a worker submits their H1B application. Family members may also apply for H-4 status after the worker has successfully completed the H1B process. Notably, their H-4 visas will not become active until your H1B is approved.

Quotas

The H1B program is capped under U.S. law. This limits how many foreign workers may come to the U.S. in a given year under the program. The quota for "normal" workers, meaning predominantly those with bachelor's degrees, is 65,000. An additional 20,000 holders of master's degrees or higher may apply, too. It's a competitive process, so hire an H1B visa lawyer and be sure you provide a detailed and tight application.