H-1B Specialty Occupation

H-1B is a nonimmigrant employment visa category for foreign nationals in specialty occupations. A specialty occupation requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation. It requires the attainment of a bachelor’s or higher degree in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.

A U.S. employer must file the H-1B petition. The foreign national is restricted to employment with the petitioning employer. More than one employer can file a petition for the foreign worker. An H-1B worker can change employment if a new employer files a petition. An H-1B visa is issued initially for three years which can be extended to a further period of three years. An individual with H1-B status may bring his spouse and children to live in the US on H-4 status. These family members will be allowed to study while living here, but will not be allowed to work.

A Foreign national may start a company with his own investment and his or her company will be accepted as the U.S. employer if employer-employee relationship can be established by demonstrating that the organization has the right to control the terms and conditions of the of H-1B worker, including the right to hire, fire, pay and supervise.

Requirements

  • Foreign national must have a U.S. bachelor’s degree or its equivalent
  • LCA (Labor Condition Application) must be certified by the U.S. Department of Labor
  • Evidence to establish that the proposed employment qualifies as a specialty occupation

Our Role in Your Success

Our office can lead the filing of regulation intensive H-1B petition by advising you of all the various requirements. We can help in evaluation of the H-1B worker’s qualifications and ensure that the H-1B job title and job description are a match for his or her qualifications. We work with both employers and employees to ensure that both parties understand their options as well as their expected roles in this process. In essence, we take the mystery out of H-1B compliance.