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H1B Visa: Specialty Workers

The American H1B Visa is one of the most sought after temporary non-immigrant visas, as it allows qualified foreign workers entry into America for the purpose of undertaking employment. This visa only applies to certain foreign workers, and requires that the American employer petition the USCIS on behalf of the prospective foreign employee.

To obtain an H1B Visa the foreign worker must be employed in a specialty occupation, and the employer (petitioner) must file a labour condition application with the Department of Labor before the visa can be processed.

A labour condition application is a representation the employer has determined the prevailing wage for the position and will pay the employee accordingly.

A specialty occupation is one which requires:

In order to qualify as a specialty occupation, the foreign employee must meet one of the following criteria:

The H1B Visa is issued for a period of 3 years, but may be extended once if the employer can prove they require the employee for longer and the employee maintains their intent to leave America at the end of the visa extension.