H-1B Specialty Occupation

The H-1B visa is for foreign workers who will hold specialty occupations. Generally speaking, a specialty occupation is one which " which requires the attainment of a bachelor's degree or higher in a specific specialty as a minimum for entry into the occupation in the United States." However specialized knowledge may be acceptable in lieu of a degree.

There are two requirements: First, the employer must demonstrate a need for someone in a specialty occupation. Second, the foreign national must have the required degree, or its equivalent, in a subject closely related to the position.

You must have a job offer from a qualified U.S. employer for work to be performed in the U.S., and you must be paid according to market value

Your employer must have filed an attestation with the Department of Labor stating that they will pay you the prevailing wage.

Our office has successfully obtained H-1B visas for various positions, including: computer professionals, data programmers, technology officers, dieticians, electronics specialists, fashion designers, graphic designers, news writers, industrial designers, interior designers, investment analysts, market research analysts, medical technologists, social workers, teachers (kindergarten, grade school and high school), university professors, and engineers.

H-1B's not subject to cap

There are petitions that are not subject to the H-1B cap. These include individuals who already have been counted toward the cap in a previous year and have not been outside the U.S. subsequently for more than one year. Also, certain employers, such as universities, government-funded research organizations, and some nonprofit entities, are exempt from the H-1B cap.

Also, there is a separate cap of an additional 20,000 H-1B visas available to foreign nationals who have earned an advanced degree from a U.S. university. There are also a certain number of H-1B visas reserved for Citizens of Chile and the Philippines.

The goal of our law office is to make sure all petitions are ready to be filed weeks in advance of the April 1 filing date. In this manner, we ensure all forms are properly signed, all checks have the correct amounts, and all documents necessary are included in the application package. With the H-1B visa numbers being limited, we cannot afford any petition getting kicked back for technical reasons.

How do I apply for an H-1B Visa?

The application process for the H-1B visa includes the employer filing a Labor Condition Application (LCA) with the U.S. Department of Labor and submitting a petition with the USCIS. This process usually takes several months. However, the USCIS offers an option for premium processing. For a $1,000 fee, the USCIS will process the petition in 15 days or less.

Our managing attorney Karen-Lee Pollak and experienced immigration support team work with the employer and employee to submit the most complete and thorough petition, which emphasizes the applicant’s education, qualifications, and experience. In addition, our attorney knows the processes and procedures to work with various government agencies to ensure the best possible outcome.

Making the H-1B Visa Quota

Our managing attorney Karen-Lee Pollak and experienced immigration support team work with the applicant to submit the most complete and thorough petition, which emphasizes the applicant’s education, qualifications and experience. In addition, our attorney and experienced immigration support team know the processes and procedures to work with various government agencies to ensure the best possible outcome. Please contact us to discuss your Immigration Options.

Disclaimer and Terms of Use

RSS: USCIS.GOV

Alerts SEE ALL

BUSINESS IMMIGRATION SEE ALL

E-VERIFY NEWS SEE ALL

Get Your Complimentary Consultation Today

Contact us today to speak with our managing attorney Karen-Lee Pollak and experienced immigration support team.