H-1B Specialty Occupation Visa

H-1B classification applies to foreign nationals who wish to be temporarily employed in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education or as a fashion model of distinguished merit and ability.  For the job to qualify as a specialty occupation one or more of the following criteria must be met:

• Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
• The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
• The employer normally requires a degree or its equivalent for the position
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree

The H-1B visa has an annual cap of 65,000 each fiscal year.  H-1B workers who are sponsored by or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are not subject to this numerical cap.  In addition, Congress also has allocated an additional 20,000 H-1B visas for graduates of U.S. masters programs or higher.
The U.S. employer must obtain a certification of a labor condition application (LCA) from the Department of Labor (DOL).  This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, and other sanctions to the employer.
H-1B nonimmigrant may be admitted for a period of up to three years.  This time period may be extended, up to a total of six years.  After this time, the foreign national must remain outside the United States for one year before another H-1B petition can be approved.  Certain foreign national working on Defense Department projects may remain in H-1B status for 10 years. Additionally, certain foreign nationals may extend their status beyond the 6-year period in one year increments if:

• 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an Employment-based immigrant, or

• 365 days or more have passed since the filing of an Employment-based immigrant petition (I-140).

Spouse and unmarried children under 21 years of age of the H-1B non-immigrant are entitled to H-4 classification.  However, H-4 dependents may not be employed.

Please contact our office http://stonehavenlaw.com/contact_us.html for a free consultation to determine if you are eligible for this visa category.

Disclaimer: The information provided here is of a general nature.  It should not be construed as legal advice and does not constitute
an engagement of the Stone Haven Law Group or establish an attorney-client relationship.