H-1B Visas for Specialty Workers

The H-1B is a non immigrant visa for aliens who will be employed temporarily in a specialty occupation.

What is a specialty occupation?

A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

Who may petition?

H-1B visas are employer-specific, and aliens may only work (full-time or part-time) for the petitioning U.S. employer and only in the H-1B activities described in the petition. However, an H-1B visa holder may transfer employers with USCIS authorization.

Requirements:

The following conditions must be met for an applicant to receive an H-1B visa:

• The applicant’s intended job must be a professional position that requires, at a minimum, a bachelor's degree in the field of specialization;
• A U.S. sponsor is required to petition for an H-1B worker. The sponsor must comply with prevailing wage levels and agree not to displace American workers;
• The visa applicant's employer must also file a Labor Condition Application with the Department of Labor (or DOL), which outlines the employer's responsibilities, including the wages, working conditions, and benefits to be provided to the nonimmigrant.

Other important information:

Even though the H-1B visa is a nonimmigrant visa, it is one of the few visa categories recognized as dual intent, meaning that an H-1B holder can have immigrant intent and apply for and obtain a green card.

The H-1B is valid for the period of employment indicated on the Labor Condition Application. A foreign worker can be in H-1B status for a maximum continuous period of six years. After the H-1B expires, the foreign worker must remain outside the U.S. for one year before another H-1B petition can be approved.

How Can White & Associates Help?

Current laws limit the number of foreign workers who may be issued a visa or otherwise be provided H-1B status to 65,000 per fiscal year. As such, there is intense competition for the visa as the approvals are on a “first come, first served” basis. If you are seeking an H-1B visa, the experienced legal team at White & Associates can help you with all stages of the application process.

Please contact us for further consultation.