H-1B Visa: Person in Specialty Occupation

Dallas Immigration Lawyers Serving Clients Nationwide

H visas are often the preferred choice for most professional companies who want to temporarily bring in professionals with specialized knowledge, although there are yearly limits on the number of visas available[1].

These visas must be obtained through the worker's prospective employer, who must file a petition with the U.S. Citizenship and Immigration Services (USCIS). An employer must obtain a labor condition application as a part of the visa process.

Who is the H-1B visa for?

H-1B Visas (Person in Specialty Occupation): The professional must be hired in a specialty occupation that requires a Bachelor's degree or higher, or its equivalent. Examples of specialty occupations for H-1B visas include engineers, architects, lawyers, physicians, and other professional positions.

How long can an H-1B visa holder stay in the U.S.?

H-1B visa holders can stay in the country for a maximum of 6 years. H-1B visa holders are also allowed dual intent, which allows them to apply for legal permanent residency while entering the U.S.

H-1B Specialty Occupations

There are certain requirements that must be met in order for an individual to qualify as a worker with a “specialty occupation.” Some of those requirements include[2]:

The job must meet at least one of the following:

• Must have at least a Bachelor’s degree (or equivalent);
• Degree must be common to the industry, or job’s complexity requires it to be performed only by someone with a particular type of degree;
• It is common for the employer to require someone with this type of degree for this position;
• The complexity of the position is most often associated with someone who has obtained at least a Bachelor’s degree.

The applicant must meet one of the following:

• Has obtained at least a Bachelor’s degree from an accredited U.S. college or university;
• Has obtained a foreign degree that is the equivalent of a U.S. Bachelor’s degree or higher;
• Has obtained a certification authorizing them to practice the specialty occupation;
• Has education or training that amounts to the equivalent of a degree.

How to Petition for an H-1B Visa

If you are filing an H-1B visa petition, you must also submit the following:

• Labor Condition Application
• Evidence of Beneficiary’s Educational Background
• Copy of the H-1B Petition

Akula & Associates has been handling H visa filings for years, and can assist you through the process. Visa filings are notoriously complex and processing can take time. Entrust the details to an experienced immigration and visa law firm like ours. Contact our firm at your earliest convenience.