How to get H-1B Visas in Las Vegas, Nevada

Nevada employers may recruit foreigners to work for them in the U.S. by sponsoring them through H-1B visas. Eligible foreigners must have a specialized occupation that requires a college degree. H-1B visas are non-immigrant visas that are valid for a maximum of six (6) years, but it may be possible for the foreigner to stay longer or adjust status to become a lawful permanent resident.

Below our Las Vegas “H-1B Visa” attorneys answer frequently-asked-questions about specialized occupation visas in Nevada. Click on a topic to go directly to that section.

For information on other work visa options in Nevada, see our article on employment visas.

1. Can I get an H-1B visa?

Foreigners may be eligible for an H-1B visa if they meet all the following five conditions:

The foreigner has an employer-employee relationship with the employer petitioning for the visa,
The job is related to the foreigner’s degrees,
The job must pay the actual or prevailing wage (whichever is more),
An H-1B visa number must be available at the time of filing the application (the annual cap is currently 65,000), and
The job must qualify as a “specialty occupation.”

A “specialty occupation” for H-1B visa purposes must fall under one of the following criteria:

A bachelor’s degree or higher degree is the typical minimum requirement for the particular job;
The degree requirement is common for this type of job, or else the job is so unique that it can only be performed by someone holding at least a bachelor’s degree in a field related to the job;
The employer normally requires a bachelor’s degree or its equivalent for the job; or
The specific duties are so specialized that the knowledge necessary to perform the duties is commonly associated with having a bachelor’s degree (or higher).

Foreigners who get H-1B visas are typically in such specialized fields as scientific research, IT, finance, law, engineering, health care, architecture, math, or biotechnology. In Nevada, some H-1B visa holders work at the Nevada System of Higher Education, Nevada Solar, and Health Plan of Nevada.

H-1B visas versus other employment visas

H-1B visas have fewer prerequisites than EB-1 visas and EB-2 visas, which requires advanced degrees and/or renown in their occupational field. Meanwhile, H-1B visas have higher threshold requirements than EB-3 visas and H-2B visas, which do not necessarily require bachelor’s degrees. And unlike H-1B visas, all EB visas extend automatic green card status.

2. How do I get an H-1B visa?

Much of the H-1B application process lies not with the foreigner but with the U.S. employer petitioning on the foreigner’s behalf to work in the U.S. First, the employer submits a Labor Condition Application to the Department of Labor. Then the employer files an I-129 Form with the United States Citizenship and Immigration Services (USCIS).

Once the I-129 petition is approved, the foreigner will get instructions for applying for an H-1B visa. The foreigner may then have to go to a visa interview at his/her local U.S. consulate and give his/her biometrics (fingerprints).

3. How long does it take to get an H-1B visa?

The time frame for getting an H-1B visa varies, but usually between three (3) and six (6) months.

4. How long is an H-1B visa good for?

With some exceptions, an H-1B visa is valid for three (3) years and may be extended for another three (3) years.

5. What does it cost to get an H-1B visa?

The H-1B visa fee is $190. And the filing fee for the I-129 form is $460.

6. Can my family come with me on an H-1B visa?

Yes, an H-1B visa-holder’s spouse and unmarried children under 21 may accompany the visa-holder to the U.S. But if they want to work while in the U.S., they have to apply for an employment visa.

7. Can I study on an H-1B visa?

Usually, an H-1B visa holder is allowed to go to school as long as the H-1B visa-holder remains employed according to the terms of the visa.

8. Can I leave the U.S. on an H-1B visa?

Usually yes, but it is important that H-1B visa holders keep all the papers and documents with them that they showed Customs and Borders Protection when they first entered the U.S. on the H-1B visa. In today’s political climate, it is never a sure thing that foreign nationals will be able to re-enter the country even with valid visas.

9. Can I get a green card while on an H-1B visa?

Possibly. Although H-1B visas are non-immigrant visas, H-1B visa-holders are allowed to adjust status to lawful permanent residence if their employer agrees to sponsor them.

10. What if I quit or get fired from my job while on an H-1B visa?

The visa-holder may then either find another employer to sponsor his/her H-1B visa, change to a different non-immigrant status, or leave the U.S.

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