H-1B Visa for Specialized Occupation Workers

H-1B Visa Guidelines

Foreign-born workers seeking employment through an H-1B must first have a job offer from a company willing to sponsor the visa.  The hiring company must submit Department of Labor Form ETA-9035, Labor Condition Application (LCA) and U.S. Citizenship and Immigration Services (USCIS) form I-129, Petition for Nonimmigrant Worker on behalf of the foreign national they intend to hire.  Upon approval, prospective employees can apply for an H-1B visa.

Spouses and unmarried children under the age of 21 of H-1B visa holders can seek H-4 nonimmigrant status.

H-1B Visa Qualifications

For a particular job to be eligible for H-1B sponsorship, it must meet at least one of the following criteria:

• The minimum entry requirement for the position is a bachelor’s degree (or equivalent) or higher
• The degree requirement is common for the industry or the job itself is complex enough to only be performed by an individual with a degree
• The employer normally requires a degree (or equivalent) for the position
• The nature of the specific duties is complex enough that th eknowledge required to perform the duties is typically associated with a bachelor’s degree or higher.

To be eligible for the H-1B job, applicants must meet one of the criteria:

• Has received a bachelor’s degree or higher in the United States required by the specific specialty occupation
• Holds a foreign degree that is equivalent to a bachelor’s degree or higher in the specialty occupation
• Holds an unrestricted state license, registration, or certification authorizing full practice in the specialty occupation
• Has education, training, or progressively responsible experience in the specialty considered equivalent to the completion of a degree, as well as recognition of expertise.

H-1B2 jobs also require the same criteria above, but the position must qualify as a DOD cooperative research and development project. H-1B3 positions must require a fashion model of prominence.

H-1B Visa Limitations

Only 65,000 H-1B visas are available each year, though some applicants may be exempt from the numerical cap.  The period of stay for the H-1B visa is three years and can be renewed one time for a total stay of six years, with certain exceptions.  If your employment contract is terminated before the end of your authorized stay and you have no other recourse to stay in the country legally, you must leave the United States.  However, your employer is liable for reasonable return transportation costs.  Return costs are not available if you voluntarily resign your position.