H-1B, Professional in Specialty Occupations

The H1B Visa is designed for foreign nationals seeking to work temporarily in the United States in a “specialty occupation.” In order to qualify for an H-1B the following requirements must be met.

The actual position as well as the individual must meet CIS standards. A specialty occupation is a position that is professional in nature and one that normally requires an individual to possess a degree in order to perform the requisite duties.

In order to qualify for an H-1B, the individual must possess a U.S. bachelor’s degree or its equivalent.

The U.S. employer must establish a need for someone in a “specialty occupation,” and if the employer wishes to hire the foreign national, the U.S. employer must be willing to sponsor the foreign national through the H1B process

H1B visas are valid for an initial period of 3 years, and can be renewed for an additional 3 years, with a maximum of 6 years, unless the employer and employee have taken specific steps towards U.S. permanent residency that can allow for extensions beyond the 6 year limit.