H-1B Work Visas
The job must meet one of the following criteria to qualify as a specialty occupation:
- Bachelor’s or higher degree or its equivalent;
- 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.
The foreign worker must meet one of the following criteria:
- Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university;
- Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation;
- Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended
employment;
- Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of at least a U.S. bachelor's degree.
Examples of specialty occupations that would qualify for a H-1B work visa:
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Architects
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Architectural Drafters
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Engineering professions
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Occupations In Mathematics and Physical Sciences (Astronomy, Chemistry, Physics, Geology, Meteorology)
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Systems Analysis And Programming
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Data Communications And Networks
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Computer System User and Technical Support
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Occupations In Agricultural and Biological Sciences
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Psychology and Life Sciences
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Physicians And Surgeons
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Dentists
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Veterinarians and Veterinary Technicians
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Pharmacists
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Registered Nurses
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Ultrasound Technologists
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Therapists
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Dieticians
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Occupations in Education and Research
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Writers, Editors and Translators
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Accountants and Auditors
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Budget And Management Systems Analysis
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Purchasing Management
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Sales And Distribution Management
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Advertising Management
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Public Relations Management
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Personnel Administration
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Inspectors And Investigators
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Occupations in Business Management and Administration
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Economists
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Librarians
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Museum Curators
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Lawyers
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Judges
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Clergy
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Commercial Artists: Designers And Illustrators, Graphic Arts,
Environmental, Product
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Social Workers
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Fashion Models
Initial period of authorized stay for H-1B worker is 3 years, with an extension possible for a total maximum of 6
years. The employer is liable for the reasonable costs of worker's return transportation if employer terminates H-1B employment before the end of your period of
authorized stay. However, the employer will not be responsible for the costs of return transportation if the H-1B worker voluntarily resign his or her position.
The H-1B visa has an annual numerical limit "cap" of 65,000 visas each fiscal year (October 1 - September 30). The first 20,000 petitions filed on behalf of beneficiaries
with a U.S. master’s degree or higher are exempt from the cap. Additionally, H-1B workers who are petitioned for 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. In 2008, and again, in 2013, all 65,000 visas were used during the first 5 days of the fiscal year.
H-1B worker's spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrantclassification. Family members
in the H-4 nonimmigrant classification may not engage in employment in the United States. If the derivative
familial relationship terminates (through divorce or legal separation), H-4 visa also automatically terminates.