H-1B Nonimmigrant Visa for Specialty Workers

Qualifications:
 H-1B visa is for workers in specialty occupations.  Examples of specialty occupations are professional positions in the fields of Architecture, Engineering,  Mathematics, Physical Sciences, Medicine, Education, Business, Accounting, Law, Theology, and the Arts.

Dependents (Spouse and children) of H-1B visa holders may apply for H-4 visa status.

Requirements:
 An H-1B specialty occupation must meet three requirements:
1. Require theoretical and practical application of a body of highly specialized knowledge; 
2. Require attainment of a bachelor or higher degree or its equivalent in the specific specialty; and, 
3. Any one or more of the following: 

• A bachelors degree or its equivalent is normally the minimum entry requirement for the position; 
• The degree requirement is common to the industry or, the position is so complex or unique that the work can be performed only by an individual with a degree;
• The employer normally requires a degree or its equivalent for the position; or, 
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor or higher degree. 

An H-1B visa applicant must have one of the following:

• A state license to practice in the occupation, if such a license is required to practice; 
• A bachelors degree or higher degree in the specialty field; or

At least 12 years experience in the specialty field; 

Duration of Visa:
 An H-1B visa holder is admitted to the U.S. for up to three years, and may be extended for an additional three years for a total of six years.

Explanation of H-1B Procedures And Responsibilities:
 The H-1B petition process requires three basic steps. First, the employer must determine the actual wage and the prevailing wage for the position offered. After obtaining the necessary wage information, the employer must apply to the Federal Department of Labor for certification of a Labor Condition Application. Certification is usually received within two weeks. Once this certification is obtained, the petition for H-1B classification is filed with the Immigration and Naturalization Service, where processing normally takes about two months. It is important to remember that if the alien is outside the United States when application for an H-1B visa takes place, he or she will need to apply to a U.S. consular post abroad for the visa. If the alien is already in the U.S., such application will generally be necessary the first time the alien leaves the country.