H-1B Work Visas


The job must meet one of the following criteria to qualify as a specialty occupation:

  1. Bachelor’s or higher degree or its equivalent;
  2. The job is so complex or unique that it can be performed only by an individual with a degree;
  3. The employer normally requires a degree or its equivalent for the position;
  4. 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:

  1. Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university;
  2. Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation;
  3. 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;
  4. 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:

  • Architects  
  • Architectural Drafters
  • Engineering professions
  • Occupations In Mathematics and Physical Sciences (Astronomy, Chemistry,  Physics, Geology, Meteorology)
  • Systems Analysis And Programming
  • Data Communications And Networks
  • Computer System User and Technical Support
  • Occupations In Agricultural and Biological Sciences 
  • Psychology and Life Sciences
  • Physicians And Surgeons
  • Dentists
  • Veterinarians and Veterinary Technicians
  • Pharmacists
  • Registered Nurses
  • Ultrasound Technologists
  • Therapists
  • Dieticians
  • Occupations in Education and Research
  • Writers, Editors and Translators
  • Accountants and Auditors
  • Budget And Management Systems Analysis
  • Purchasing Management
  • Sales And Distribution Management
  • Advertising Management
  • Public Relations Management
  • Personnel Administration
  • Inspectors And Investigators
  • Occupations in Business Management and Administration
  • Economists
  • Librarians
  • Museum Curators
  • Lawyers
  • Judges
  • Clergy
  • Commercial Artists: Designers And Illustrators, Graphic Arts,
    Environmental, Product
  • Social Workers
  • 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. 

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The information on this Michigan Immigration Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Law office with practice exclusively in Immigration and Nationality Law.  Serving clients in Oakland, Macomb, Wayne, Livingston counties, throughout the State of Michigan and other states.  Office located in Berkley, Oakland County; however, clients travel to meet with Svetlana Lebedinski from the cities throughout the Metro Detroit area, western Michigan and the adjacent states of Ohio and Illinois.  Full services Immigration Law Firm serving Farmington Hills, West Bloomfield, Novi, Troy, Detroit, Hamtramck, Downriver, Commerce Twp, Walled Lake, Pontiac, Livonia, Ann Arbor, Ypsilanti, Howell, Wixom, Utica and beyond.

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