H-1B  (Specialty Occupation)

• Who May Qualify

• Specialty Occupation

• Recognized Specialty Occupations

• Current H-1Cap

• Duration of H-1B status

• Change of Employment

• H-1B Cap and Change of Status Problems

• Routes to Green Card

• Petition Preparation

Who May Qualify for H-1B?

• Having appropriate degree for occupation - U.S. university degree required for specialty occupation, baccalaureate or higher; or equivalent foreign degree;

• Having education, specialized training, and/or progressively responsible experience equivalent to the required degree in positions directly related to the specialty; or

• Holding an unrestricted state license or registration authorizing the candidate to practice the specialty occupation in the state of intended employment.

Specialty Occupation

To qualify for Specialty Occupation, the position must meet one of the following criteria:

• A baccalaureate or higher degree or equivalents is normally the minimum requirement for entry into the particular position;

• Degree requirement is common in the industry in parallel positions among similar organizations or alternatively that the particular position is so complex or unique that a degree is required;

• Employer normally requires a degree or equivalent;

• Nature of the specific duty is so specialized and complex that knowledge required to perform the duty is usually associated with attainment of a degree.

Recognized Specialty Occupations for Professionals:

Accountant, Acupuncturist, Chiropractor, Computer Programmer, Dietician, Electronics Specialist, Fashion Designer, General Manager, Graphic Designer, Hotel Management, Industrial Designer, Interior Designer, Investment Analyst, Journalist, Librarian, Medical Records Librarian, Medical Technologist, Minister, Orthopedist, Pharmacist, Showroom Manager, Social Worker, Software Design Engineer, Technical Publication Writer, Vocational Counselor, Webographer

Current H-1B Cap:

H-1B employees are limited to 65,000 per year. Petitions by universities and government and non-profit research organizations are exempt.

Duration of H-1B Status:

Most of the H-1B are initially approved for 3 years, with an extension of 3 years. The additional 1 year can be applied if the beneficiary has an EB preference petition or labor certification application that has been pending for at least one year when the sixth year expires.

Change of Employment:

A person in H-1B status may accept new employment upon the filing of a new petition by the prospective employer provided the following conditions are met:

1. Lawfully admitted;

2. The new petition is non-frivolous;

3. The new petition is filed before the date of expiration of the period of authorized stay;

4. Subsequent to such lawful admission the H-1B beneficiary has not been employed without authorization before the filing of such petition.

 H-1B Cap and Change of Status Problems:

H-1B Cap is exempted for the higher education institutes, government affiliated non profit organizations, and beneficiaries seeking to change to H-1B status

H-1B Cap is not applied to persons already in H-1B status seeking to change employment, or extend the status.

If a person in H-1B status employed by a H-1B Cap exempted organization (such as university), wants to change employment to a H-1B Cap applied employer, he cannot do so within that FY when the cap has been reached. The new prospective employer can file the  petition on his behalf if the new employment will start on or after the beginning of the next FY.

For an application pending at the USCIS before the cap for FY is reached, if the beneficiary's non-immigrant status (for example, F1/OPT, or B2) expires before the beginning of the next FY, his change of status application will be denied even if his H-1B petition will be approved. He will probably, in that situation, be required to return to his home country to apply for a H-1B visa to enter the U.S.

 For a person who will be out of status before the next FY, if his/her spouse has a valid non-immigrant status such as L1, O1, F1, E1, etc., he/she may want to make a timely application of change of status to switch to the non-immigrant status as a spouse of these respective categories.  He/she can apply for H-1B for the following FY once the USCIS starts to accept applications.

Routes to Green Card:

H-1B is a temporary work visa or status that will last 6 years (including the extension), except for some limited circumstances listed above. H-1B workers are allowed to have dual intent while in their H-1B status. For beneficiaries who would like to become PR (permanent resident), the following courses can be pursued, depending on their  individual circumstances:

Extraordinary Ability

Outstanding Researcher

Exceptional Ability and National Interest Waiver

PERM

Family Based Immigration

Petition Preparation

For the case requiring Premium Processing, we guarantee to mail out your complete application to the USCIS within three (3) days from receiving the complete documentation required for the petition preparation.

For the case of regular adjudication, we guarantee to mail out your complete application to the USCIS within seven (7) days from receiving your complete documentation for the preparation.

Please remember, your employer must make the petition for you. If you are interested in our service, please contact your employer first to obtain their authorization, then contact us for the following documents and fill out all the information needed.

• Legal Service Contract;
• H-1B information/document by beneficiary;
• H-1B information/document by employer;