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H-1B Professional Worker in a Specialty Occupation

What is the H–1B non–immigrant visa?

It is a visa reserved for individuals who work in a "specialty occupation." It is a non–immigrant visa. The category was designed to allow U.S. businesses to bring over foreign workers for up to six years.

What may qualify as a "specialty occupation"?

As defined by law, a "specialty occupation" is one that requires both the theoretical and practical application of a body of specialized knowledge and the attainment of a bachelor's degree or higher (or the equivalent in experience) in the specific specialty. Examples of specialty occupations include: Accounting; Advertising; Banking; Business; Computing; Engineering; Finance; Healthcare; Hospitality; Information technology; Management; Marketing; Medical jobs; Lawyer/legal; Networking; Public relations; Sales; Teaching; Telecommunications.

Can your spouse and children accompany you on an H–1B visa?

Yes. Your immediate family –– including your husband or wife or children (under 21 years of age) can stay in the United States on different visa, the H–4 visa. Unless your dependents/spouse apply for and get their own H–1B visa, however, they cannot legally work in the U.S.

Other H–1B visa requirements, restrictions and limitations
  • The job being filled must be in a designated specialty occupation.
  • The visa petition has to be submitted by your firm or company –– employees cannot petition on their own.
  • There is an annual quote of 65,000 H–1B visas per year. (Non–profit organizations and higher education institutions are excluded from this quota –– that is, they can apply even after the quota has been reached.). The applications period begins on April 1st every year.
What if you have questions about the H–1B visa application process?

Look to the law firm of Howard Law –– a nationally recognized, credentialed, and experienced team of attorneys. Whether you have a simple filing question or a complicated problem that requires deep thinking, we can help. Learn more about what we have to offer here at www.howardlawpc.com, or phone us ASAP to get the help you need at (800) 872–5925.