H-1B Specialty Occupations

The H-1B visa is one of the most talked about and sought after visa classification categories. The H-1B visa is a nonimmigrant classification available to individuals in a "specialty occupation," defined by regulation as an occupation that requires a U.S. Bachelor's Degree, or its equivalent, in a specific specialty for entry into the field. These typically include occupations such as Software Developers, Architects, Engineers or Professors. However, many other positions may fit within the category.

The H-1B visa classification is valid initially for three years and generally may be extended once for an additional three years. Individuals in H-1B visa status may change employers if the new employer files a new petition on their behalf and certain conditions are met.

The number of H-1B visas available to employers and their potential employees is extremely limited - only 65,000 new H-1B visas are issued each year. In addition, up to 20,000 foreign nationals with Master's or higher level degrees from U.S. institutions of higher education are exempt from the traditional H-1B cap each year. Once the traditional and Master's caps are reached for a particular year (which, unfortunately, in recent years, has been within the first couple of days that petitions may be filed), no new H-1B petitions can be filed until the following April 1, for positions beginning no earlier than October 1 of that same year.

Grzeca Law Group has vast experience and a high success rate with H-1B visas and can help your company apply for initial H-1B classification for a new employee, transfer that employee's H-1B classification to your company or extend the classification of an Specialty Occupation employee currently in H-1B status.

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