H-1B Visa (Specialty Occupation)

As a non-immigrant visa, the H1B visa allows U.S. employers to employ foreign professionals in specialty occupations to work in the U.S. for a total of 6 consecutive years, and allows foreign professionals’ spouse and children (under the age of 21) to accompany them and legally live in the USA on an H-4 visa.

General Requirements of the H-1B Nonimmigrant Visa Program:

In order to qualify as a specialty occupation H-1B visa, the job must meet one of the following criteria:

  • Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
  • The degree requirement for the job is common to the industry or 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 foreign workers to qualify to accept a job offer in a specialty occupation, one of the following criteria must be met:

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

Our Services Provided:

Our professional team will evaluate the job offer and foreign professionals’ education background to determine whether H-1B visa is a feasible option, effectively communicate between the employer and the employee, and guide the employer through the whole process. We will help the employer prepare the necessary documents, present the case to USCIS to establish the eligibility, and make necessary follow-up with USCIS regarding the case status. Employer or foreign professional can send us the job offer description and foreigner worker’s resume through email info@bianlaw.com for a free evaluation.