H-1B Visa: Person in Specialty Occupation

 

The H-1B visa is available for persons who intend to work in "specialty occupations" in the United States. Persons in such occupations include veterinarians, dentists, architects, software developers, accountants, and engineers, among others. To be eligible for an H-1B visa, the applicant must have at least a bachelor’s degree or degree equivalent in a specialty field.

How We Can Help

 

A foreign national’s eligibility for an H-1B visa will depend on a variety of factors, including his/her professional qualifications, academic background, and the type of employment he/she intends to carry on in the United States. We have significant experience helping large and small employers with the H-1B petition process. We have filed and obtained approvals for over one hundred H-1B petitions for professionals in a broad variety of occupational fields throughout the United States. Our Request for Evidence rates are orders of magnitude below industry averages and we have experience counseling clients in a broad variety of industry fields and professions. Our multi-disciplinary background in engineering and business is a significant asset, enabling us to fully comprehend and accurately describe the background and qualifications of our technical and business clients.

We provide services to clients throughout the United States.  Please contact us if you would like to find out how we can help. 

 

H-1B Characteristics

85,000 new H-1B visas are granted each year. Of these, 20,000 visas are restricted to applicants with a U.S. master’s degree or higher. Once the yearly numerical limit of H-1B visas has been reached, no more H-1B visas are granted. For this reason, timely filing of an H-1B application is essential.

Duration of Status

 

An H-1B nonimmigrant is admitted to the U.S. for a period of up to three years. This time period may be extended up to a total of six years. Under certain circumstances, if an H-1B visa holder is applying for employment-based permanent residence, he/she may apply for an extension of H-1B status beyond six years.

 

Labor Conditions Application

 

Prospective U.S. employers of H-1B visa applicants must file a Labor Conditions Application (LCA) with the U.S. Department of Labor. Among other things, in the LCA, the employer must attest to the fact that the H-1B applicant will be paid the higher of (i) the actual wage paid by the employer to all other individuals with similar experience and qualifications, or (ii) the prevailing wage level for the applicant's occupation in the area of employment.

 

Family Visa Eligibility

 

Spouses and minor children (under the age of 21) of H-1B visa holders may apply for an H-4 visa, which allows them to accompany H-1B visa holders during their stay in the U.S. H-4 visa holders are not allowed to work in the U.S.

 

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