H-1B Specialty Occupation Worker
The H-1B visa is for people who wish to perform services in a specialty occupation. To qualify as a specialty occupation, the job must require a Bachelor’s or higher degree as minimum entry into the position and the H-1B applicant must show that they have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university. In some cases, it is possible to use progressively responsible experience in lieu of the degree. One of the unique requirements of the H-1B visa is that the employer must pay the H-1B worker the prevailing wage for the position in the geographic area in which the H-1B worker will be working. Although finding the appropriate prevailing wage often requires a thorough understanding of an H-1B case, you can get an idea of prevailing wages for your occupation by checking the U.S. Department of Labor's wage database.
H-1B nonimmigrants are initially admitted for a period of up to three years and extensions are possible up to 6 years. It is also possible to obtain extensions beyond six years if the H-1B applicant has a permanent visa (green card) case pending and it has progressed to a certain stage.
H-1B Cap and Exemptions
The H-1B visa has an annual numerical limit "cap" of 65,000 visas each fiscal year. However, there are some notable exemptions from this cap: individuals who are in H-1B status and are seeking an extension, individuals who have obtained H-1B status in the past, but have not used up their 6 years; individuals with a U.S. master’s degree have an additional 20,000 visas available, and individuals who are petitioned for or employed at an institution of higher education or related nonprofit or government research organization. Unfortunately, in recent years, the cap has been reached within a few weeks of the new fiscal year, making it difficult for new applicants to obtain an H-1B visa. For more information about the numerical cap and how it affects you please contact our office. You can also access the USCIS Web Page Fiscal Year (FY) 2014 H-1B Cap Season for additional details.
Family of H-1B Visa Holders
Spouses and unmarried children under 21 years of age qualify for the H-4 nonimmigrant classification. Family members in the H-4 nonimmigrant classification may not work in the United States but may pursue studies.
The H-1B visa is for people who wish to perform services in a specialty occupation. To qualify as a specialty occupation, the job must require a Bachelor’s or higher degree as minimum entry into the position and the H-1B applicant must show that they have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university. In some cases, it is possible to use progressively responsible experience in lieu of the degree. One of the unique requirements of the H-1B visa is that the employer must pay the H-1B worker the prevailing wage for the position in the geographic area in which the H-1B worker will be working. Although finding the appropriate prevailing wage often requires a thorough understanding of an H-1B case, you can get an idea of prevailing wages for your occupation by checking the U.S. Department of Labor's wage database.
H-1B nonimmigrants are initially admitted for a period of up to three years and extensions are possible up to 6 years. It is also possible to obtain extensions beyond six years if the H-1B applicant has a permanent visa (green card) case pending and it has progressed to a certain stage.
H-1B Cap and Exemptions
The H-1B visa has an annual numerical limit "cap" of 65,000 visas each fiscal year. However, there are some notable exemptions from this cap: individuals who are in H-1B status and are seeking an extension, individuals who have obtained H-1B status in the past, but have not used up their 6 years; individuals with a U.S. master’s degree have an additional 20,000 visas available, and individuals who are petitioned for or employed at an institution of higher education or related nonprofit or government research organization. Unfortunately, in recent years, the cap has been reached within a few weeks of the new fiscal year, making it difficult for new applicants to obtain an H-1B visa. For more information about the numerical cap and how it affects you please contact our office. You can also access the USCIS Web Page Fiscal Year (FY) 2014 H-1B Cap Season for additional details.
Family of H-1B Visa Holders
Spouses and unmarried children under 21 years of age qualify for the H-4 nonimmigrant classification. Family members in the H-4 nonimmigrant classification may not work in the United States but may pursue studies.