H-1B (Professionals in Specialty Occupations)

Introduction

This category is open to people coming to the United States to work temporarily in specialty occupations, which require specialized knowledge and a college-level education or its experiential equivalent.

Basic Requirements

The applicant should be in a specialty occupation, which is an occupation that arguably requires a specific course of study at the university level, resulting in a four-year degree. There are many examples of such specialty occupations such as accountant, chiropractor, pharmacist and computer programmer as well as many others that are less obvious. If the degree requirement is not met, it is possible to show equivalence to a degree, based on experience. A job offer is required and the compensation must meet the prevailing wage rate at the workplace and in the geographical vicinity of the workplace.

Advantages

The H-1B category allows for an initial three-year period, to be renewed for an additional three years. Many individuals commence permanent residence applications during their H-1B status.

Disadvantages

Currently, there is a numerical quota, which is set at 195,000 each fiscal year (which is subject to change). It is often difficult to show that certain business management positions meet the definition of a specialty occupation.

Where to Apply

Applications are to be filed with a BCIS Regional Service Center depending upon the geographical location of employment. In addition, if you are not a Canadian citizen, a visa will subsequently be required from a Consulate or Embassy.

How Can A.J & Associates Help?

We have helped a large number of clients by reviewing requirements, in a step-by-step methodical manner, and ultimately preparing petition materials and submitting them to the Regional Service Center. We also respond to any follow-up requests by BCIS Regional Service Centers and advice clients on procedures at the port-of-entry or at a U.S. Consulate, subsequent to petition approval.

Please select the topic that interests you:

• B-1 (Business Visitors)
  
• B-2 (Tourits)
  
• E-1 (Traders)
  
• E-2 (Investors)
  
• F-1 (Students)
  
• L-1 (Inta-Company Trasferees)
  
• TN-1 (NAFTA Professionals)
  
• Temporary Residence