Immigration > Temporary Visa Options > Specialty Occupation Visa

Specialty Occupation Visa

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, 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.

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.

For more information and to determine if you qualify under this visa category, please contact the Stone Haven Law Group at 877.301.7005.