“Specialty Occupation” Working (H-1B) Visas

Immigration Attorneys in Los Angeles, Lawyer, Lawyer, Attorney > Non Immigrant Visas > Student Visas > “Specialty Occupation” Working (H-1B) Visas

The U.S. immigration laws allow employers to temporarily hire foreign “professional” workers provided that both the petitioning employer and the alien beneficiary meet certain conditions which assure that the foreign workers will not be adversely affecting labor conditions in the United States or lowering the wages of American workers. The H-1B visa is an excellent way for American businesses and foreign companies with operations in the United States to employ the “best and the brightest” workers that the world has to offer. Although the category is restricted to college graduates or those with progressive experience that is equivalent to an American bachelor degree, it still has wide application, especially in high-tech fields such as computer and software development, engineering, or bio-medical research, and financial/business occupations. Foreign workers already in H-1B status can immediately start working for a new employer as soon as the petition is filed with Citizenship & Immigration Service.

The basic requirements are:

1. The applicant must be offered a position in a “specialty occupation” by an employer with operations in the United States.
2. The applicant must qualify as a member of the “specialty occupation”. Usually this requires the appropriate baccalaureate degree from an American university or college, foreign equivalent, or combination of education and progressive on-the-job experience that would be the equivalent of a baccalaureate from an American university or college.
3. The employer must first obtain an approved labor condition application in which the employer states to the Department of Labor that prevailing wage and working conditions apply to the job offer and other requirements of the law will be met.

The law equates “specialty occupation” with the professions. A profession is defined as an occupation which usually requires the completion of an American or American equivalent baccalaureate degree or higher at an accredited university or college. Examples of “professions” which qualify as specialty occupations include computer programmers and system analysts, engineers, scientists, medical and health specialists, accountants, finance and business specialists, lawyers, teachers, etc. As with other “working visa” categories, spouses and unmarried children under 21 years of age of the principal applicant may be granted H-4 visas to remain in the United States for a concurrent period.

There is a cap of 58,200 H-1B visas per year with an additional 6,800 for Chilean and Singapore citizens. An additional 20,000 H-1B visas per year are available to individuals who have obtained a master degree from a college or university in the United States. This limit does not include universities and research facilities or individuals who have already obtained H-1B status and are extending their stay in the United States or changing employers. H-1B status can be extended for up to a total of six years; however further extensions may be possible under special circumstances.