A H-1B nonimmigrant visa is generally for persons who want to temporarily come to the United States to work in a specialty occupation. These visas are currently capped at 65,000 per fiscal year, minus free trade visas for Chile and Singapore, resulting in 58,200 H-1B visas per year. If the cap was met for the current fiscal year, USCIS will accept H-1B cap-subject petitions on April 1 for employment to begin October 1, which marks the beginning of the next fiscal year. There are a limited number of cap-exempt categories. There are an additional 20,000 H-1B visas available to persons who possess a U.S. earned master’s degree or higher. In some situations, H-1B spouses who are in H-4 status may obtain a work permit. The term “specialty occupation” is defined under the immigration law as requiring theoretical and practical application of a body of highly specialized knowledge, AND attainment of a bachelor’s degree or higher (or its foreign equivalent) in the specific specialty.
The term “specialty occupation” encompasses the definition of professional. The definition of professional covers a very wide spectrum of job titles. We represent large and small companies and assist with the H-1B process. Whether you are an employer who is looking to hire an H-1B employee, or you are a foreign national with a job offer that you think would qualify you for an H-1B visa petition, we recommend that you call (954) 772-8782 or email [email protected] to schedule a comprehensive consultation appointment so the board certified immigration attorneys at Shane & Shane can properly advise you of your options.