H-1B Non-immigrant Worker Specialty Occupation

Brief Introduction 

• Visa has annual quota of 65,000 an additional 20,000 allocated for individuals who hold an U.S. master’s degree or higher;
• Visa must be filed by U.S. employer starting the first week of April of each year;
• H-1B visas are valid for 3 years. You may apply for another 3-year extension, with a total of 6 years;
• H-1B workers who are petitioned for 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;
• Spouse and unmarried children under 21 years of age may seek admission in the H-4 non-immigrant classification. Note: Certain H-4 dependent spouses of H-1B non-immigrants can file Employment Authorization.  

Qualifications 

• For the job to be qualified as specialty occupation, one 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

• For the visa applicant to be qualified to work in the specialty occupation, the visa applicant must meet one of the following criteria:
  • Hold a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university
  • Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
  • Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
  • Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty

Process

• ​Step 1:
  • US employers submit an LCA (Labor Condition Application) to the Department of Labor. LCA is to show that the employer will pay the beneficiary a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for your position in the geographic area in which you will be working;
• Step 2
  • Employer Submits Completed Form I-129 along with proof of the above requirements to the USCIS. Current processing time is about 3-6 months as the expedited service has been suspended;
• Step 3
  • While your H-1B Petition is pending and you are in the United States, you may continue to work using your OPT for the gap period between your OPT expiration date and October 1, when the H-1B visa will be active; if you are outside the United States, you need to apply for visa at the U.S. Consulate in your country.