The H1B visa category allows organizations with a Federal Identification Number/IRS tax number to employ a foreign professional to work in a specialty occupation for up to six years. Examples of specialty occupations include accountant, computer analyst, engineer, financial analyst, scientist or architect.
USA Migration Lawyers’s experienced immigration attorneys will prepare and file all the required documents for foreign professionals and U.S. companies applying for the H1B visa.
H1B Visa Is Suitable For:
- Foreign professionals in specialty occupations, such as scientists, engineers, programmers, research analysts, management consultants, journalists, accountants, and others with Bachelor’s or equivalent degree
- Foreign nationals entering the U.S. to offer exceptional services relating to cooperative research and development projects administered by the U.S. Department of Defense
- Professional Nurses entering the U.S. to perform complex job duties or supervise nursing operations
- Distinguished fashion models
- U.S. companies to bring in qualified foreign professionals for jobs that require a bachelors degree and specialized skills.
Benefits of The H1B Visa
- You do not have to maintain a foreign residence and show intent to return to your home country while applying for the visa
- Your dependents can stay with you as long as you maintain your H1B status. They can also attend school
- You can freely travel in and out of the U.S. provided you have a valid visa.
Requirements For The H1B Visa
A. Criteria For Determining Employer’s Eligibility
To be eligible for sponsoring an H1B visa, the employer must prove that:
- The position offered requires knowledge, both theoretical and applied, which is almost exclusively obtained through studies at an institution of higher learning
- The position requires a specific course of study which relates directly to the position
- Attainment of a bachelor’s or higher degree in the specific activity (or its equivalent) is a minimum requirement for the position
B. Criteria For Determining Employee’s Eligibility
To be eligible for an H1B visa, you must demonstrate that you have:
- Full state licensure to practice in the occupation, if such licensure is required to practice in the occupation
- Completed the degree required for the occupation or possess experience in the specialty equivalent to the completion of such degree
- Recognition of expertise in the specialty through progressively responsible positions relating to the specialty
C. Positions Generally Considered Professional
Accountant, Acupuncturist, Chiropractor, Computer Programmer, Dietitian, Electronics Specialist, Fashion Designer, General Manager (where business is complex), Graphic Designer, Hotel Management, Industrial Designer (with B.A.), Interior Designer (commercial), Journalist, Librarian, Medical Records Librarian, Medical Technologist, Minister, Orthopedist, Pharmacist, Social Worker, Technical Publications Writer and Vocational Counselor.
Note: If your position is not listed above, you may want to contact us to determine if the U.S. Citizenship and Immigration Services (USCIS) would consider the position offered to you as a professional position.
H1B Visa Notes
- The information provided here is applicable to New H1B Visa, H1B Visa Transfer, and H1B Extension.
- To change the purpose of your visit while you are in the U.S. on an H1B visa, you must change your visa status.