Specialist Occupation Visa (H1-B)

The H1-B Specialty Worker visa is a popular route for migrant workers to enter the U.S. and for American sponsors to access global talent. It permits abroad graduates to pursue a highly skilled employment role in the USA, offering them crucial work experience and the chance to live and enjoy life in America.

An H1-B is an employer-sponsored nonimmigrant visa category that allows foreign individuals to work in the United States temporarily in specialty occupations. These specialty occupations demand the theoretical and practical application of a body of specialist knowledge and typically require a minimum level of schooling in that specialization.

Zeng Law Group suggests Computer scientists, engineers, scientists, financial analysts, management consultants, educators, and researchers are all examples of occupations that fall under this umbrella. It has a maximum yearly cap of 65,000 and can be used to sponsor or self-sponsor 'lawful permanent resident status in the United States, if eligible.

H1-B visa applicants are expected to have the appropriate education, licensing, and/or work experience levels. This includes at least a bachelor's degree, or equivalent, in the targeted career area. A credential evaluation should state both the degree level and the planned field of work. If the position calls for a higher degree, the applicant must have that degree (or its foreign equivalent) reviewed by a qualified credentials assessor for U.S. equivalence determination.

These prerequisites are in addition to a set of requirements that show the position is "specialty" enough to warrant an H1-B visa. H1-B visa approval rates are largely rising because of these "specialty" criteria.

A 'Local Conditions of Employment' certification (LCA) from the Department of Labor is required before an employer may file a petition with the USCIS to hire a foreign national for a specialty position. This procedure must be completed before the specialty worker may begin working, and it serves to ensure that their presence will not have a negative impact on the pay or working conditions of similarly employed Americans.

It is highly unlikely that the USCIS will grant a specialty visa if the work description does not match the criteria for a specialty role. This can be especially challenging for roles that require a broad skill set and are open to applicants with various academic backgrounds, such as college coaching jobs, entry-level positions, and volunteer work at charities.

Consult an immigration attorney before submitting an H1-B application to the United States to work in a "specialty" occupation. They can tell you how probable it is that you will be able to meet the "specialty" criterion, and they may also know of other routes to the "specialty" visa.

Suppose you are considering applying for an H1-B for a position that does not have a straightforward connection to a certain degree. In that case, you should speak with an immigration attorney about the possibility of obtaining another visa, as the specialty criteria are becoming increasingly difficult to bypass.