General guide for an H-1B visa

Specialty occupations visas are especially popular among highly skilled and educated workers. The H1B visa is a nonimmigrant work-based visa which is particularly popular even among specialty occupations visas due to its accessibility and inclusivity. The H-1B does not cater to a specific industry, area of interest, or job market, but has a set of criteria which, if met, would qualify an individual as a specialty occupation worker or a job as a specialty occupation. Our immigration attorneys are passionate in our resolve to provide excellent care and assistance to all of our clients, ultimately resulting in an approval on the petition filed. Our full-service immigration law firm provides free case reviews to interested parties and takes a special interest in those considering the H1B. Speak with one of our immigration lawyers at your earliest convenience to discover the plethora of options available to you.H

Concerning the H1B, the prospective US employer actually petitions on behalf of the prospective employee (note: in some cases, a foreign national employee is already employed in the US under a separate lawful visa classification but wishes to change his/her visa status to that of the H1B). In either case, our team of immigration attorneys will ensure our clients ultimately only look back on the petition experience with fondness and contentment.

In order to qualify as a specialty occupation, a job must meet at least one of the following four criteria:

  • The entry level requirement for the position is a Bachelor’s degree or a higher degree
  • The degree requirement is the usual order of business in the industry or the job’s complexities and unique assortment of tasks and responsibilities make the job impossible to perform by anyone other than an individual with a degree
  • The employer’s usual requirement for the position is a degree
  • The complexities and unique assortment of tasks and responsibilities associated with the position themselves are of such a nature that the knowledge required to complete them is usually considered to be held only by individuals with degrees

I know it sounds complicated but honestly it’s not as bad as it looks. If you have a degree or have any experience in the position or a related field, contact us! Many clients who initially thought they had no chance of approval spent many happy years working under the H1B status thanks to our immigration attorneys.

In order to be eligible to accept a job offer in a specialty occupation, you must meet one of the following:

  • You have acquired a US Bachelor’s degree or a higher degree in the area required by the specialty occupation
  • You have acquired a foreign degree equivalent to a US Bachelor’s degree or a higher degree in the area required by the specialty occupation
  • You hold an unrestricted state license, registration, or certification authorizing you to fully practice the specialty occupation
  • You are educated, trained, or are experienced in the specialty to such a level that is equivalent to holding a bachelor’s degree or a higher degree

Contact our firm as soon as possible and speak with an immigration attorney to receive the personalized assistance you need and deserve. The H1B is complex, and there is a myriad of complications we didn’t have time to address here that, if not properly addressed by an experiencedimmigration attorney could jeopardize your chances at approval. Contact us today!

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