In Slovakia, the end of March means long, overworked nights as people rush to file their tax returns at the last minute – and it is much the same on the other side of the Atlantic, where immigration matters pile extra work onto corporate lawyers. 1 April is the day on which the US immigration authority starts receiving H1B visa petitions from American employers. And why do they file them? Because they are trying to recruit non-American workers for their vacancies.

A maximum of 85,000 H-1B visas can be granted, of which 20,000 are reserved for candidates who have obtained a master’s degree from a US institution. By comparison, last year more applications were submitted on the very first day than the quota allowed.

So what exactly are H-1B visas?

This is a particular legal status for foreign nationals – known as non-immigrants – who wish to take up skilled employment in the USA. Put simply, it is a work permit for students or international professionals who want to live and work in the USA in the long term. The visa is granted for 3 years, with the option of a further 3-year extension, so it can be held for a maximum of 6 years.

Candidates are required to hold at least a bachelor’s degree, although there are exceptions, such as internationally recognised fashion models. Successful applicants are entitled to take up highly skilled positions. And what exactly are these? They are roles requiring at least a bachelor’s degree, such as architect, engineer, economist, IT specialist, accountant, university professor and others.

Demand is high

It is fair to say that not only is the supply of workers from Europe considerable, but so is the demand from American employers. The IT sector is a well-known example: Silicon Valley employers hire more H-1B visa holders than anyone else in the USA. These firms justify their need for people from abroad chiefly on the grounds that IT is currently the most advanced and fastest-growing sector, so they need the very best specialists to fill the gaps left by a shortage of people in the USA. The American labour market no longer offers enough people with the expertise these firms require, so they also turn to talent from abroad. The pressure from companies such as Microsoft, IBM, Oracle, Google, Cisco, Motorola and others is immense. As a result, the quotas for H-1B visas are falling year on year while interest keeps rising, making the visa ever harder to obtain. Even so, it remains an attractive option and is certainly worth a try.

How do you obtain one?

We recommend following these 4 steps, whether you are at home, in the USA or anywhere else in the world.

  1. You need to find a company willing to “sponsor” your H1B petition. In practice, this means being successful in applying for one of its positions: the company must want to hire you. What matters here is your ability to sell yourself as the right professional for that particular company.
  2. If you succeed in finding such a company, the “sponsoring” firm will file the petition with the immigration authority on your behalf. Importantly, H1B petitions are never filed by the candidates (the workers) themselves, but always by the company (the employer).
  3. Your petition is approved and confirmed by the authority (US ImmigrationBureau).
  4. Congratulations – if you have reached step 4, you can look forward to starting work for your new employer in the USA.