H-1B Visas Specialty Workers

The H-1B visa is for an occupation that requires a specific university degree. So, Information Technology and Engineering occupations qualify, as do university professor positions, journalism and accounting positions. Still, often Business Management positions do not qualify because they do not require a specific field of study. Some occupations not permitted on the TN list of occupations can obtain H-1B visas.

H-1B Professional Worker Visa (Specialty Occupations)

Employers in the United States with H-1B visa status can hire foreign nationals in specialty vocations.

A "Specialty Occupation" is defined as a job that requires the theoretical and practical application of a body of highly specialized knowledge in a field of human endeavors, such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, to name a few.

A bachelor's degree or equivalent is required for a specialist occupation (at a minimum).

The foreign national worker must have a bachelor's degree (or its equivalent) and a state license if needed by the occupation.

The H-1B nonimmigrant visa is only valid for the job position mentioned in the H-1B petition as well as the petitioning employer.

Dual-Purpose

Even though it is a nonimmigrant visa category, the H-1B visa is one of the few recognized as having a "dual purpose."

Dual-purpose refers to the desire to immigrate (pursue permanent residence status) in the future while being legally nonimmigrant.

For foreign citizens from some countries, the employment-based immigration process to gain permanent residency (a green card) might take many years (e.g., India, the Philippines, and China).

As a result, many foreign people must renew their H-1B visas every year or 3 years to maintain their legal status. At the same time, their permanent residence (green card) application is being processed.

Spouses and unmarried minor children of H-1B visa holders are able to apply for H-4 visas to live and study in the United States, but they are not allowed to work.

Simurgh's immigration attorneys have handled several H-1B visa applications and would gladly assist you.