Specialty Occupations
With an H1-B visa, you can work in the United States in a specialty occupation.
Book a 30 min consultation and have an immigration lawyer advise you on your options based on your individual circumstances.
As a foreign worker with specialized skills, you may be eligible for an H1-B visa, which allows you to work in the United States in a specialty occupation. This type of visa is designed for individuals who hold a bachelor’s degree or higher in a field related to their job, and who have the necessary skills and qualifications to perform the duties of their position. If you meet these requirements and have a job offer from a U.S. employer, you may be able to obtain an H1-B visa and work in the United States for a temporary period of time.
H1-B Visa Benefits
- Work authorization: The H1-B visa allows you to work in the United States for a specific employer in a specialty occupation.
- Family benefits: If you have an H1-B visa, your spouse and children under the age of 21 may be eligible for an H4 visa, which allows them to live and study in the United States while you are working.
- Path to permanent residency: The H1-B visa is a dual-intent visa, which means that you can apply for a green card while you are on an H1-B visa.
- Flexibility: The H1-B visa allows you to work for multiple employers during your stay in the United States, as long as each employer sponsors you for an H1-B visa.
- Professional opportunities: The United States is home to many leading companies and organizations in various fields, and obtaining an H1-B visa can give you access to professional opportunities that may not be available in your home country.
H1-B VIsa General Requirements
- You must have a job offer from a U.S. employer in a specialty occupation. A specialty occupation is defined as one that requires the theoretical and practical application of a body of highly specialized knowledge and requires the attainment of a bachelor’s degree or higher in a specific field.
- You must hold the necessary degree or its equivalent for the specialty occupation. If you do not have a bachelor’s degree, you may still be eligible if you have the equivalent combination of education, training, and work experience.
- You must demonstrate that you have the necessary skills and qualifications to perform the duties of the specialty occupation.
- Your employer must obtain a labour condition application (LCA) from the Department of Labor, which attests to the fact that the employer will pay you the prevailing wage for the occupation in the area of intended employment.
- Your employer must file a petition for an H1-B visa on your behalf with the U.S. Citizenship and Immigration Services (USCIS).
- You must meet the general requirements for a nonimmigrant visa, including being able to demonstrate that you have a residence abroad, that you have no intention of abandoning, and that you will depart the United States upon the expiration of your authorized stay.
H1-B Visa Application Process
- Your employer must first obtain a labour condition application (LCA) from the Department of Labor, which attests to the fact that the employer will pay you the prevailing wage for the occupation in the area of intended employment.
- Your employer must then file a petition for an H1-B visa on your behalf with the U.S. Citizenship and Immigration Services (USCIS). The petition must include the LCA, a job offer letter, and other supporting documentation.
- If the petition is approved, you will need to complete the nonimmigrant visa application process. This includes filling out an online visa application form, paying the required fees, and scheduling an interview at a U.S. embassy or consulate in your home country.
- During the interview, you will need to provide proof of your qualifications, including your degree and any relevant work experience. You will also need to provide evidence of your ties to your home country, such as proof of property ownership or family ties.
- If your visa is approved, you can enter the United States and begin working for your employer in the specialty occupation. You will be allowed to stay in the United States temporarily, as specified on your visa.
H1-B Visa Processing Times
The processing times for H1-B visas vary depending on the volume of applications received by the U.S. Citizenship and Immigration Services (USCIS) and the individual circumstances of each case. In general, processing times for H1-B visas can range from a few weeks to several months.
One factor that can affect processing times is the use of premium processing, which allows employers to pay an additional fee to have their H1-B petition processed within 15 calendar days. If you are using premium processing, you can expect to receive a decision on your petition within this time frame.
The processing times for H1-B visas have been subject to significant delays in recent years due to a high volume of applications and changes to the visa program.
If you have any questions about the H1-B Visa process or are ready to start your application, don’t hesitate to reach out to us. We can provide you with the guidance and support you need to complete the process successfully.
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Questions? Answers.
How long can I stay in the United States on an H1-B visa?
The initial period of stay on an H1-B visa is generally three years, but it can be extended for up to a total of six years.
Can I bring my family with me to the United States on an H1-B visa?
If you have an H1-B visa, your spouse and children under the age of 21 may be eligible for an H4 visa, which allows them to live and study in the United States while you are working.
Can I apply for a green card while I am on an H1-B visa?
The H1-B visa is a dual-intent visa, which means that you can apply for a green card while you are on an H1-B visa. However, obtaining a green card can be a complex and time-consuming process, and it’s important to work with an experienced immigration attorney to ensure that your application is complete and accurate.
Can I change employers while I am on an H1-B visa?
Yes, you can change employers while you are on an H1-B visa, as long as your new employer sponsors you for an H1-B visa. However, you will need to obtain a new H1-B visa before you can start working for your new employer.
Can I work for multiple employers while I am on an H1-B visa?
Yes, you can work for multiple employers while you are on an H1-B visa, as long as each employer sponsors you for an H1-B visa. However, you will need to obtain a new H1-B visa for each employer.
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