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H1B Visa – H1B Visa Status – HB1 Visa – H1B Sponsorship – H-1 Visa

H1B VISA

Specialty Worker

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H1B VISA

H1B Visa Details

The H1B visa is for workers who will perform in a specialty occupation. A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

If the applicant has a college degree or work experience and the job requires a college degree, then the applicant should be able to obtain an H1B visa.

Spouses and children of H1B visa holders may enter and remain in the US in H4 status. H4 visa holders may attend school in the US but cannot accept employment.

For Whom Is an H1B Visa Appropriate?

Foreign professionals with specialized knowledge, such as scientists, engineers, programmers, research analysts, management consultants, journalists, accountants, and others with a Bachelor’s or equivalent degree.

H1B Visa Requirements

H1B visa classification may be granted to an alien who:

  1. Will perform services in a specialty occupation which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a baccalaureate or higher degree or its equivalent as a minimum requirement for entry into the occupation in the United States, and who is qualified to perform services in the specialty occupation because he or she has attained a baccalaureate or higher degree or its equivalent in the specialty occupation;
  2. Based on reciprocity, will perform services of an exceptional nature requiring exceptional merit and ability relating to a DOD cooperative research and development project or a coproduction project provided for under a Government-to-Government agreement administered by the Secretary of Defense;
  3. Will perform services in the field of fashion modeling and who is of distinguished merit and ability.

USCIS Memo Relating to H1B VISA

DateTitleDetails
January 4, 2017Matter of T-O-S-UUSCIS defines a “physician of national or international renown” for H1B visa purposes.
July 21, 2015Guidance on When to File an Amended or New H-1B PetitionAn H-1B employer must file an amended or new H-1B petition when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s place of employment.
February 18, 2015Adjudication of H-1B Petitions for Nursing OccupationsThis policy memorandum provides guidance on the adjudication of H1B visa petitions for
nursing positions.

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