H Visas

/ Non-immigrant visas

H visas are a group of non-immigrant visas that are used to bring foreign workers to the United States to fill specific job roles when there is a shortage of qualified U.S. workers. There are several categories of H visas, each designated for different types of employment:


H-1B Visa

The H-1B visa is for foreign workers in specialty occupations, which typically require a bachelor's degree or higher in a related field. This visa category is often used by professionals in fields such as information technology, engineering, medicine, and education. H-1B visas are employer-sponsored, and the employer must demonstrate that there is a legitimate job opening and that the worker meets the qualifications.


H-1B1 Visa

The H-1B1 visa is a variation of the H-1B visa and is specifically for nationals of Chile and Singapore who work in specialty occupations in the United States.


H-1B2 Visa

The H-1B2 visa is for foreign nationals coming to the U.S. temporarily to perform services as a Department of Defense cooperative research and development project worker, a worker at a facility engaged in advanced technology or co-production projects, or a worker designated by the Department of Defense.


H-1B3 Visa

The H-1B3 visa is for fashion models of distinguished merit and ability who come to the United States to work in the fashion industry.


H-2A Visa

The H-2A visa is for temporary agricultural workers who come to the U.S. to perform seasonal or temporary agricultural work. Employers must demonstrate a labor shortage and provide suitable working conditions and wages.


H-2B Visa

The H-2B visa is for temporary non-agricultural workers who come to the U.S. to perform seasonal or temporary non-agricultural work, such as in the tourism or hospitality industry. Employers must demonstrate a need for the foreign workers and meet specific requirements.


H-3 Visa

The H-3 visa is for individuals coming to the United States to receive training or instruction that is not available in their home country and will be used to benefit their home country. This visa is often used for trainees and special education exchange visitors.


H-4 Visa

The H-4 visa is for the spouses and dependent children of H-1B, H-2A, H-2B, and H-3 visa holders. H-4 visa holders are allowed to live in the United States but are generally not authorized to work.

Key points about H visas include:

  • H visas are typically employer-sponsored, and the employer must file a petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker;
  • Many H visa categories have annual numerical caps or limits on the number of visas that can be issued each fiscal year.
  • Some H visa categories are subject to additional requirements to ensure the protection of workers' rights, including the recruitment and wage requirements of the Department of Labor;
  • H-1B and H-2B visa holders, in particular, have been the subject of regulatory changes and may face additional scrutiny or requirements.

Book a consultation

Employers seeking to bring foreign workers to the United States on H visas should carefully follow the specific requirements for the particular category. Kananchuk Law Office can help you ensure that you meet all the criteria for the specific H visa category. Contact us to discuss your specific situation.

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