The H–1B visa
category permits a professional to work in the United States temporarily,
provided he or she is employed in a specialty occupation or as a fashion
model.
A specialty occupation
means an occupation that requires:
i. A theoretical
and practical application of a body of highly specialized knowledge, and
ii. Attainment of
a bachelor's or higher degree in the specific specialty (or its equivalent)
as a minimum for entry into the occupation in the United States.
For the purposes of
the H–1B visa the requirements of a specialty occupation are:
i. Full state licensure
to practice in the occupation, if such licensure is required to practice
in the occupation;
ii. Completion of
a bachelor's degree or higher in the occupation; or
iii. Experience
in the specialty equivalent to the completion of such degree, and recognition
of expertise in the specialty through progressively responsible positions
relating to the specialty.
H-1B eligible specialty
occupations include most computer science jobs, architecture, engineering,
mathematics, physical sciences, social sciences, medicine and health,
education, business specialties, accounting, law, theology, the arts,
and many teaching positions.
The H–1B visa
has many advantages including:
- It is typically
available for up to 6 years, at 3-year increments.
- Labor certification
is not a requirement for issuance of an H–1B visa although the
employer must file a labor condition application with the Department
of Labor.
- Dual intent applies
to the H–1B visa, thus permitting filing of a green card application
once the alien is in H–1B visa status.
- A person in possession
of a valid H-1B visa may change employers immediately upon the filing
of an H–1B change of employer petition.
- The ability to
extend an H-1B visa beyond the normal 6-year limit if the applicant
has had a labor certification or I–140 petition pending for 1 year
or more.
If you
would like to learn more about your specific visa options please send
a request to us at:
visas@usimmigrationlaw.net
or contact
Leibl & Kirkwood
12865 Point Del Mar, Suite 190
Del Mar, CA 92014, USA
Tel. (858) 481-5211
Fax. (858) 481-7271
questions@usimmigrationlaw.net
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