h-1b specialty
occupations visa

The H-1B classification has an annual numerical limit (cap) of 65,000 new statuses/visas each fiscal year. An additional 20,000 petitions filed on behalf of beneficiaries with a master’s degree or higher from a US institution of higher education are exempt from the cap.

Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization, or a government research organization, are not subject to this numerical cap.

To be eligible for the H-1B route, the occupation requires:

• Theoretical and practical application of a body of highly specialized knowledge; and
• Attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

The position must also meet one of the following criteria to qualify as a specialty occupation:

• Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the particular position
• The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, 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 an individual to qualify to perform services in a specialty occupation, they must meet one of the following criteria:

• Hold a US bachelor’s or higher degree required by the 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 required by the specialty occupation from an accredited college or university.
• Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment.
• Have education, specialized training, and/or progressively responsible experience that is equivalent to the completion of a U.S. bachelor’s or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

There are various fees which may be required as part of the H-1B application process, including:

• Registration to H-1B Lottery: USD 215
• H-1B Petition Fee: USD 780
• Form I-129 Fee: USD 1385
• Asylum Program Fee: USD 600.

The application process for a H-B visa is completed in the following four steps:

• Step 1: Enter the electronic registration process for the H-1B cap.
• Step 2: The employer/agent must apply for and receive DOL certification of an LCA.
• Step 3: Employer/Agent Submits Completed Form I-129 to USCIS.
• Step 4: Once the Form I-129 petition has been approved, the prospective H-1B worker who is outside the United States may apply with the US Department of State (DOS) at a US embassy or consulate abroad for a H-1B visa (if a visa is required). Regardless of whether a visa is required, the prospective H-1B worker must then apply to US Customs and Border Protection (CBP) for admission to the United States in H-1B classification.

Typically, the process ranges from 6-9 months from the H-1B Lottery to getting an approved visa allowing work to start on 1^st October.

As an H-1B specialty occupation worker, you may be admitted for a period of up to 3 years. Your time period may be extended, but generally cannot go beyond a total of 6 years.

note:

This page is intended for informational purposes only. Immigration rules are subject to change and may vary based on your individual circumstances. For up-to-date advice and guidance, please contact Smith Stone Walters.