H-1B Specialty Occupation Visa
The H-1B visa allows U.S. employers to hire foreign workers in specialty occupations that require at least a bachelor's degree or its equivalent. The employer files the petition, and most new H-1B cases are subject to an annual cap with a registration and selection process. An approved H-1B is generally valid for up to three years and may be extended.
What counts as a specialty occupation
A specialty occupation requires the theoretical and practical application of specialized knowledge and typically a bachelor's degree or higher in a related field.
The worker must hold the required degree or an equivalent combination of education and experience.
The annual cap and registration
Most new H-1B petitions are subject to an annual numerical limit, with additional numbers reserved for advanced U.S. degree holders.
Employers usually submit an electronic registration, and selected registrations may then file the full petition.
Employer obligations
The employer files a labor condition application and must pay the required wage and meet workplace conditions.
The petition documents the job duties, the worker's qualifications, and the employer-employee relationship.
Frequently Asked Questions
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