H-1B Specialty Occupation Visa

Certain professionals who want to temporarily work in the United States can apply for the H-1B visa. The H-1B Visa is available to workers in certain specialty occupations. The H-1B visa is limited by a worldwide annual quota. Dependent spouses and minor children (20 years old and below) of H-1B visa holders are eligible to accompany them with an H-4 visa.

Requirements for H-1B Visas:

  • The H-1B employee must have a job offer by an employer in the United States in a specialty occupation;
  • The H-1B employee must possess, at a minimum, a bachelor’s degree in the specialty occupation or have equivalent experience;
  • The H-1B employee must possess a full state licensure to practice in the occupation, if the licensure is required for the occupation; however, consideration is given if a temporary license is available and the H-1B visa applicant is allowed to perform the duties of the occupation with such a license;
  • The H-1B employee's entry to work into the United States must be temporary;
  • The H-1B's employer must be certified by the Department of Labor; certification is granted when the employer submits a Labor Condition Application for the designated specialty occupation; and
  • The H-1B employee must be admissible into the United States; "admissible" means not having certain criminal or immigration violation history and/or undesirable traits identified by the United States government.

Definition H-1B Specialty Occupation

Theoretical and practical experience of highly specialized knowledge in such fields of human endeavor such as architecture, mathematics, engineering, physical sciences, medicine, health, education, business specialties, accounting, law, theology, and the arts.

Example of Specialty Occupations

  • Computer Programmers
  • System Analysts
  • Accountants
  • Teachers
  • Engineers
  • Scientists
  • Data Base Administrators

The H-1B Visa application process is complex involving several United States government agencies. To increase the chances for approval of an H-1B Visa, the experienced immigration lawyers at the Law Office of Shane D. Scott will assist the employer and H-1B Visa applicant with the application process and prepare the H-1B Visa applicant for the consulate interview, if desired. For assistance with the H-1B Visa, contact our office at 800.230.0744 or sscott@shanescottlaw.com or Skype: shanescottlaw.

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