Professionals
Visa (H1B)
A person must show that they will be working in a "specialty
occupation".
A
SPECIALTY OCCUPATION
"Specialty
occupation" is defined in the statute as "
An occupation that requires:
A)
Theoretical and practical application of a body of highly
specialized knowledge, and
B)
Attainment of a bachelor's or higher degree in the specific
specialty (or its equivalent) as a minimum
for entry into the occupation in the United States".
To
meet the requirements of a specialty occupation, the
alien will need:
a. Full state licensure, if that is required to perform
that job in the state;
b. Completion of a "bachelor's degree required
for the position; or
c. "Experience in the specialty equivalent
to the completion of such degree, and recognition
of expertise in the specialty through progressively
responsible positions relating to the specialty.
A
"specialty occupation" includes the definition of "professional."
The position offered must require a professional to
perform the duties. The job would require knowledge
which is almost always acquired through studies at an
institution of higher learning.
A
person who has a combination of education and experience
may qualify as a professional.
Experience
alone must combine both theoretical and practical application
of specialized knowledge.
This is a temporary visa.
The
employer must first obtain certification of a Labor
Condition Application (LCA: this is different than a
labor certification) from the Department of Labor before
filing the petition for the H-1B classification with
the INS.
The
LCA ensures that the U.S. workers will not be adversely
affected by the U.S. employer hiring a foreign worker.
If
the foreign worker changes employers, it will be necessary
to apply for another H-1B visa. The visa is non-transferrable.
It is possible to work part-time for multiple
employers but separate petitions must be filed by each
employer.
