People Throughout the USA and the World
H-1B Visa – Professionals Visa
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:
- Full state licensure, if that is required to perform that job in the state;
- Completion of a “bachelor’s degree required for the position; or
- 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.
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