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.