Legal
Requirements:
The H1B Temporary Professional Employees Legal
Requirements
An alien may be authorized to come to the United States
temporarily to perform service in a specialty
occupation. To qualify as a specialty occupation, the
position must meet one of the following criteria:
A baccalaureate or higher degree or its equivalent is
normally the minimum requirement for entry into the
particular position.
The degree requirement is common to the industry in
parallel positions among similar organizations or, in
the alternative, an employer may show that its
particular position is so complex or unique that it can
be performed only by an individual with a degree.
The employer normally requires a degree or its
equivalent for the position; or
The nature of the specific duties are so specialized and
complex that knowledge required to perform the duties is
usually associated with the attainment of a
baccalaureate or higher degree.
Document Preparation
A certification from the Secretary of Labor that the
petitioner has filed a labor condition application with
the Secretary,
A statement that it will comply with the terms of the
labor condition application for the duration of the
alien's authorized period of stay,
To qualify to perform services in a specialty
occupation, the alien must meet one of the following
criteria
Hold a United States baccalaureate or higher degree
required by the specialty occupation from an accredited
college or university;
Hold a foreign degree determined to be equivalent to a
United States baccalaureate or higher degree required by
the specialty occupation from an accredited college or
university;
* Hold an unrestricted State license, registration or
certification which authorizes him or her to fully
practice the specialty occupation and be immediately
engaged in that specialty in the state of intended
employment; or
Have education, specialized training, and/or
progressively responsible experience that is equivalent
to completion of a United States baccalaureate or higher
degree in the specialty occupation, and have recognition
of expertise in the specialty through progressively
responsible positions directly related to the specialty.
H1B Visa Number
Established by the Immigration Act of 1990 (IMMACT), the
H-1B nonimmigrant visa category allows U.S. employers to
augment the existing labor force with highly skilled
temporary workers. H-1B workers are admitted to the
United States for an initial period of three years,
which may be extended for an additional three years. The
H-1B visa program is utilized by some U.S. employers to
employ foreign workers in specialty occupations that
require theoretical or technical expertise in a
specialized field. Typical H-1B occupations include
architects, engineers, computer programmers,
accountants, doctors and college professors. The H-1B
visa program also includes fashion models. The current
annual cap on the H-1B category is 65,000.
[Click
Here To Find CIS Current Visa Numbers]
H-1B Advanced Degree Exemption
20,000
additional H1B visa numbers for alien applicants who
have Master degree from the United States.
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