H1B Visa

The H1B visa category allows organizations with a Federal Identification Number/IRS tax number to employ a foreign professional to work in a specialty occupation for up to six years. Examples of specialty occupations include accountant, computer analyst, engineer, financial analyst, scientist or architect.

JRD Law experienced immigration attorneys will prepare and file all the required documents for foreign professionals and U.S. companies applying for the H1B visa.

Eligibility

Foreign professionals in specialty occupations, such as scientists, engineers, programmers, research analysts, management consultants, journalists, accountants, and others with Bachelor’s or equivalent degree
Foreign nationals entering the U.S. to offer exceptional services relating to cooperative research and development projects administered by the U.S. Department of Defense
Distinguished fashion models
U.S. companies to bring in qualified foreign professionals for jobs that require a bachelors degree and specialized skills

Requirements

A. Criteria For Determining Employer’s Eligibility

To be eligible for sponsoring an H1B visa, the employer must prove that:

The position offered requires knowledge, both theoretical and applied, which is almost exclusively obtained through studies at an institution of higher learning
The position requires a specific course of study which relates directly to the position
Attainment of a bachelor’s or higher degree in the specific activity (or its equivalent) is a minimum requirement for the position

B. Criteria For Determining Employee’s Eligibility

To be eligible for an H1B visa, you must demonstrate that you have:

Full state licensure to practice in the occupation, if such licensure is required to practice in the occupation
Completed the degree required for the occupation or possess experience in the specialty equivalent to the completion of such degree
Recognition of expertise in the specialty through progressively responsible positions relating to the specialty

C. Positions Generally Considered Professional

Accountant, Acupuncturist, Chiropractor, Computer Programmer, Dietitian, Electronics Specialist, Fashion Designer, General Manager (where business is complex), Graphic Designer, Hotel Management, Industrial Designer (with B.A.), Interior Designer (commercial), Journalist, Librarian, Medical Records Librarian, Medical Technologist, Minister, Orthopedist, Pharmacist, Social Worker, Technical Publications Writer and Vocational Counselor.

Note: If your position is not listed above, you may want to contact us to determine if the U.S. Citizenship and Immigration Services (USCIS) would consider the position offered to you as a professional position.

FAQ

1. What Is H-1B Work Visa?

The H-1B specialty workers visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. and perform services in a prearranged professional job. The job must be in a ‘specialty occupation’ and must require a bachelor’s degree as a minimum for entry into the field.

Note: The H-1B work visa allows an organization with an IRS Tax Number/ Federal Employer Identification Number to employ a foreign national for up to six years.

2. What Is 'Specialty Occupation' For The Purposes of H-1B Visa?

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.

Note: Architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations. ‘cap gap’ rules that apply to F-1 students whose H-1B petition was filed before their OPT expired.

3. How Do I Qualify For H-1B Visa?

To qualify for H-1B visa, you must:

Demonstrate that you have the ability to work in the specialty occupation that requires the theoretical and practical application of a body of highly specialized knowledge
Be coming to the U.S. to earn money or a livelihood working in a professional capacity, and not for pursuing a hobby, for pass time, giving free advice or humanitarian service
Seek temporary entry into the U.S.
Have a bachelor’s degree or the equivalent in work experience. The USCIS may accept three years of work experience for each year of missing university education. This may be considered the equivalent of a four-year bachelor’s degree

Note: This classification also applies to Government-to-Government research and development, or co-production projects administered by the Department of Defense