H-1B Specialty Occupations

For the job to qualify as a specialty occupation one or more of the following criteria must be met:

* Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
* The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
* The employer normally requires a degree or its equivalent for the position
* 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’s or higher degree.*

For you to qualify to accept a job offer in a specialty occupation you will need:

·        Full state licensure, if the job requires a license to practice the specialty occupation in the state

·        Completion of a U.S. bachelor’s or higher degree (or its foreign equivalent) in the specific specialty or a related field

·        Education, training, or experience in the specialty that is equivalent to the completion of such a degree.**

Yes. Your prospective employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, petition for nonimmigrant worker.

 Labor Condition Application (LCA)
Your U.S. employer must obtain a certification of a labor condition application (LCA) from the Department of Labor (DOL). This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, and other sanctions to your employer. The application requires the employer to attest that it will comply with the following labor requirements:

* The employer will pay you a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for your position in the geographic area in which you will working. 
* The employer will provide working conditions that will not adversely affect other similarly employed workers. At the time of the labor condition application there is no strike or lockout at the employer place of business. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of business.

Period of Stay
As an H-1B nonimmigrant, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply.

If your employer terminates you before the end of your period of authorized stay, the employer will be liable for the reasonable costs of your return transportation.  If you voluntarily resign your position you have not been dismissed and your employer is not responsible for the costs of your return transportation. If you believe that your employer has not complied with this requirement, you must contact the Service Center which approved your petition in writing.

H-1B Cap
The H-1B visa has an annual cap of 65,000 each fiscal year. However, H-1B workers who are sponsored by or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are not subject to this numerical cap.

Family of H-1B Visa Holders
Your spouse and unmarried children under 21 years of age are entitled to H-4 classification. Your dependents may not be employed under the H-4 classification.