H1b specialty occupation requirements. H1B Visa Fees for Paralegal.

H1b specialty occupation requirements Labor Condition Application (LCA) : A document filed by the employer with the Department of Labor, attesting to the wages and working conditions for The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H), that allows United States employers to employ foreign workers in specialty occupations. Because there cannot be a grace period for accepting prior form I. Industry standards and norms. In the context of the H-1B visa system, a “specialty occupation” refers to a job that requires a specific set of specialized skills, knowledge, and educational qualifications. To submit an H-1B registration, you must first create a USCIS online account. The H-1B is restricted to specific employment conditions. for a limited amount of time. H1B Visa: The H1B visa is a popular non-immigrant visa that allows U. What does that mean? The H-1B program allows employers to hire skilled foreign workers in specialty occupations and authorizes the temporary employment of qualified individuals who are not otherwise authorized to work in the U. H1B Expert is a stockpile of H-1B content: H-1B history; H-1B specialty occupation reqs; job search; RFE response; move to U. When applying for an H-1B visa as a Physician, certain fees are associated with the application process. A specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree, or its equivalent, as a minimum requirement for Eligibility Requirements: A valid job offer from a U. A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's degree or the equivalent The H-1B is a temporary nonimmigrant visa status which allows an employee to work temporarily for a specific employer in a “specialty occupation”. The qualified specialty occupation under the H1B visa must also satisfy at least 1 of the 4 requirements: (1) a bachelor’s degree or a higher degree (or its equivalent) is normally the minimum requirement for the job position, (2) the degree requirement is common for similar employers in the industry or alternatively the job position is so DHS proposes to streamline requirements for the H-1B program by: (1) revising the regulatory definition and criteria for a “specialty occupation”; (2) clarifying that “normally” does not mean “always” within the criteria for a specialty occupation; and (3) clarifying that a position may allow a range of degrees, although there must The application process for a H-B visa is completed in the following four steps: Step 1: Enter the electronic registration process for the H-1B cap. These criteria are reviewed closely by the USCIS along with supporting documents, to make sure that only highly skilled foreign workers are given H1B visas H-1B Visa Requirements. employers to temporarily employ foreign workers in specialty occupations. What is considered a “specialty occupation” for H-1B visa purposes? A specialty occupation for H-1B visa purposes is an occupation that requires the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. Step 2: The employer/agent must apply for The H-1B program allows employers to temporarily employ foreign workers in the U. In this comprehensive guide, we will explore the specifications, To obtain an H-1B visa, applicants must meet specific requirements. Use industry-specific terminology and occupational classifications to help USCIS understand the position’s complexity and specialization. The initial duration of the H-1B visa is three years, but it can be extended up to a total of six years. Allows certain owners of an H1B petitioning entity to self-sponsor, while setting reasonable parameters around H1B eligibility The Department of Homeland Security (DHS) has proposed significant changes to the H–1B visa regulations, explicitly targeting the authenticity of job offers for specialty occupations. Specialty Occupation Determination: You This often requires a credentials evaluation service to confirm that your degree meets the necessary standards. In this comprehensive guide, we will explore the specifications, The H1B category is designated for foreign national employees coming to the United States to perform services in a specialty occupation (temporary professional workers) or as a fashion model. (Note: If an employee has earned a bachelor’s degree or Standards in Determining if a Position Meets the Requirements of Specialty Occupation . A bachelor’s degree or higher in the specific specialty (or equivalent work experience). Ensure your understanding of this essential aspect for a successful H-1B im actively applying for jobs. China. What is new, however, is the increase in specialty occupation RFE (Requests for Evidence) the United States Citizenship and Immigration Services (USCIS) has Learn about H-1B Salary Requirements. For qualifying to accept a job offer in a specialty occupation, employee must meet one of the following criteria: Have completed a U. The H-1B occupations require a bachelor’s degree in a specific specialty. Please ask your department administrator to help you to upload an “H-1B/TN check-in documents” under “TN/H-1B Process” (make sure the file size is less than 10MB and it’s in a The H-1B visa program in the United States allows employers to hire foreign workers in specialized occupations. 2681, imposes annual reporting requirements on U. Get our FREE comprehensive guide on TN Visas, which details requirements and qualifications for TN Visa status, the application process, maintenance of TN Visa In recent denials of H-1B petitions, the USCIS has been taking the position that the occupation for which H-1B classification is sought must require a degree in the specific field. These are jobs that require theoretical and practical application of a body of highly specialized knowledge, typically in fields such as IT, engineering, mathematics, science, and healthcare. The H1B visa is a non-immigrant visa allowing U. From my understanding, a specialty occupation is a job that fit my education and knowledge and requires at least a bachelors degree. employer, possessing specialized knowledge or skills, holding a bachelor's degree or higher in a related field, and being paid at or above the prevailing wage. Also, the position must meet one of the following criteria to qualify: The H1B visa classification for Specialty Occupations allows U. employers to hire foreigners in a “specialty occupation” – an occupation that usually requires a bachelor’s or higher degree in a specialized field of knowledge as a minimum for entry into the occupation. Any job could come under the H-1B visa requirement as long as it is a graduate level job. In this comprehensive guide, we will explore the The H-1B visa is a temporary (nonimmigrant) visa designed for foreign professionals who wish to work in the United States in specialty occupations. This article provides a comprehensive breakdown of the criteria that define a specialty occupation, guiding you on how to qualify based on educational background, industry standards, and expertise recognition. What are the requirements to qualify for an H-1B Visa? To qualify for an H-1B visa, individuals must meet the following requirements: 1. The H1B Specialty Occupation is a key pathway for skilled professionals looking to work in the US. One of the explicit requirements for each H-1B petition is that the petitioner prove that the offered position is “specialty occupation” which is defined to as “an occupation that requires (a) theoretical and practical application of a body of highly specialized knowledge and (b) attainment of a bachelor’s or higher degree in the For H1B workers staffed to a third party, the rule specifies it is the requirements of that third party, and not the petitioner, that are most relevant when determining whether the position is a specialty occupation. 328 Covina, CA 91723. At the same time, the 9th Circuit Court of Appeals’ December 16 ruling offers employers an additional asset in their Specialty occupation requirement: to be eligible for an H-1B visa, the position must be considered a specialty occupation. The applicant must prove eligibility for the H-1B category with documentation of sufficient educational credentials, licensure A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge and that requires the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States. As the employer, ASU files H-1B petitions on behalf of eligible employees with the United States Citizenship and Immigration Services. It is also referred to as Person in Specialty Occupation Visa. Documentation must be provided to demonstrate the employer is paying the required wage rate and meeting the required working conditions, that the job is a specialty occupation, and that the foreign national meets the requirements for the job. These proposals mark a pivotal shift towards a more flexible, skills-first approach, reflecting the evolving needs of the U. However, the visa does not offer a direct pathway to lawful permanent residence (), as it is a nonimmigrant visa. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Mining and Geological Engineer who wish to work in the U. A. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its The U. g. Evidence of the specialty occupation and the applicant’s eligibility. The foreign national is required to engage in a "specialty occupation" within the US, such an occupation that requires: Specialized knowledge both in theory and practice; and; A bachelor’s degree, master’s degree, or a higher degree in a specific specialty is a basic requirement for entering the occupation The Immigration and Nationality Act (INA) as amended by the Immigration Act of 1990 (IMMACT) and various subsections (e. In this comprehensive guide, we will explore the Specialty occupation requirements. Specialty Occupation Requirement s includes examples of recent H1B successes. Form I-907, Request for Premium Processing Service (optional) If the job itself qualifies as a “specialty occupation” and the applicant is sufficiently qualified, a potential employer may petition for the H-1B on behalf of the foreign national. An H1 visa can only be applied for if you have a Specialty Occupation; if you are not certain whether you are in a Specialty Occupation, feel free to call an H1 visa lawyer at 619-677-5727. Subject to an annual cap with a competitive lottery. Alternatively, the occupations require the theoretical and practical application of highly specialized knowledge. There are protections in place to help to ensure that the program is not used to discriminate against U. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Physical therapist who wish to work in the U. This includes finding a sponsor, gathering documents, and understanding the job requirements. Specialty occupation is defined in the regulations as one that requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a baccalaureate or higher degree or its equivalent as a minimum The H1B visa requirements are designed to limit the work visa to those in ‘specialty occupations’ with education and work experience that correspond to the job offered in the US. In this comprehensive guide, we will explore the specifications, The H-1B visa is a nonimmigrant visa designed to allow U. Issued by the United States Citizenship and Immigration Services, the H1B visa allows anyone with a bachelor's or master's degree to work in INA Section 214(i)(1), 8 USC 1184(i)(1), defines a specialty occupation as “an occupation that requires—(A) theoretical and practical application of a body of highly specialized knowledge, and (B) attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United 186 visa skill requirements; 186 visa occupations list; Global Talent visa (GTES) Regional Employer Sponsored (494 visa) 494 visa; 494 occupations H-1B visa is a temporary US visa that allows US companies to employ graduate level workers in specialty occupations such as fields in architecture, finance, computer programming, education H1B Visa Fees for Paralegal. Occupation’s Requirements. Previously, the attorneys of Reddy & Neumann wrote an article concerning requests for evidence (“RFE”), diving into what they entail, the process What is an H1B Visa and Who Can File It? An H1B visa is a non-immigrant visa that allows U. An occupation that may require a degree is diverse fields may also qualify. H1B Specialty Occupation Requirements. The employee must meet all job requirements at the time of application, including the required degree in a specific field of study, and any licenses, certifications, or other specific requirements for the position. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Electrical Engineering Technician who wish to work in the U. This post covers the rule's nuances and demonstrates how to transform work experience and academic training equivalencies into a successful H-1B visa application strategy. Understanding H1B requirements; Characteristics of H1B Specialty Occupation Workers; DOL’s overview of H1B program; H1B Program Data; Covina. immigration policies will change and it will not be limited to the undocumented only, but also H-1B visa holders and their families. employer for a position that qualifies as a specialty occupation, meaning the job requires a specialized body of knowledge and typically a The H-1B visa program in the United States allows employers to hire foreign workers in specialized occupations. You must also provide evidence that you still meet the requirements for the H-1B1 visa, such as a valid job offer and proof of maintenance of the specialty occupation requirements. Citizenship and Immigration Services (USCIS) prior to the expiration date of your current status. employers and specialty occupation workers, helping to meet U. Employers may file an H-1B petition for an alien to perform services in a specialty occupation, services of an exceptional nature relating to a Department of Defense I received the same. full state licensure to practice in the occupation, if such licensure is required to practice in the occupation, You must file an I-129 petition with the U. These fees include: In all cases, it is important to ensure that the Accountant meets the requirements for a specialty occupation, holds the necessary licenses or certifications, and can provide supporting The H-1B Specialty Occupation Visa is a non-immigrant visa category in the United States that allows employers to hire foreign workers in specialty occupations that require theoretical and practical expertise in specialized fields such as IT, engineering, mathematics, science, medicine, and The H-1B program allows employers to temporarily employ foreign workers in the U. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Mental Health Counselor who wish to work in the U. companies to temporarily employ foreign workers in specialty occupations. ecosystem. Additionally, the visa holder may need to obtain a new H-1B visa stamp at a U. When applying for an H-1B visa as a Architect, certain fees are associated with the application process. For a job position to qualify as an H1B speciality occupation, it must meet one of the following criteria: – The minimum entry requirement is bachelor’s or higher degree (or its equivalent). While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Business Intelligence Analyst who wish to work in the U. In this comprehensive guide, we will explore the specifications, H1B SPECIALTY OCCUPATION. H1B Visas for Specialty Occupations enable skilled professionals to work in the United States in fields requiring specialized knowledge, such as IT, engineering, and healthcare. employer. Please submit the following documents to the International Center through the Upload Tool for UCI Departments. To qualify as a specialty occupation, the job must meet certain criteria: The position must require at least a bachelor’s degree or “specialty occupation. An LCA (Labor Condition Application) must be prepared and a The H-1B visa program in the United States allows employers to hire foreign workers in specialized occupations. in either a specialty occupation, on a cooperative research and development project under the Department of Defense (DOD), or as a fashion model of distinguished merit and ability. Next - Top Job search websites. 2. For the position to qualify as a “Specialty Occupation,” the position is obligated to fulfill at least one of the listed requirements: The position must require a minimum of a bachelor’s degree or its foreign equivalent to enter. Meeting the H1B Visa Specialty Occupation Requirements. The H1B visa is a unique visa that allows foreign nationals to perform specialty occupations in America. However, the visa does not offer a direct pathway to lawful permanent H-1B visas are available for various types of specialty occupations that require theoretical or technical expertise in specialized fields such as in IT, architecture, engineering, mathematics, science, and medicine. Indeed, the USCIS A federal appeals court just confirmed an uncomplicated interpretation of the “specialty occupation” definition for H-1B visas, clearing the way for a wide variety of industries to seek these highly sought-after visas. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Civil engineer who wish to work in the U. S. The second is that the foreign national employee must have a relevant degree or the equivalent. It is critical for companies and individuals to understand these rule changes and what to expect as it is aimed at the very core of H1B specialty occupation as well as H1B and PERM Green Card wage requirements that impact the The H-1B visa program in the United States allows employers to hire foreign workers in specialized occupations. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Public Relations Specialist who wish to work in the U. on a nonimmigrant basis in specialty occupations or as fashion models of distinguished merit and U. Any U. Department of Homeland Security issued a final rule Wednesday updating H-1B visa eligibility requirements Wednesday’s rule revises the definition of “specialty occupation” to The application process for a H-B visa is completed in the following four steps: Step 1: Enter the electronic registration process for the H-1B cap. labor needs. For international students, securing an H-1B visa can be a significant step toward building a career in the United States after Quick Glance: The H-1B visa is a non-immigrant visa that allows U. Degree is normally minimum requirement; Degree common to the industry; Position so complex or unique 2. Examples of Two fundamental requirements must be met to satisfy the specialty occupation standard: The employer’s position requires a specific bachelor’s degree or equivalent in education and experience. While some companies seem to reuse a completed letter with little or no The H-1B visa classification is for temporary workers in a Specialty Occupations. These fees include: In all cases, it is important to ensure that the Veterinarian meets the requirements for a specialty occupation, holds the necessary licenses or certifications, and can provide The H-1B visa program in the United States allows employers to hire foreign workers in specialized occupations. This term is crucial for individuals applying for H-1B visas as it determines eligibility for the program. ” This requires theoretical and practical application of specialized knowledge. A sweeping regulatory overhaul of the H-1B visa program is under review at the White House Office of Information and Regulatory Affairs, the final step before its release to the public. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Medical Laboratory Technician who wish to work in the U. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Interpreter and Translator who wish to work in the U. The H-1B is a temporary nonimmigrant visa status which allows an employee to work temporarily for a specific employer in a “specialty occupation”. In this comprehensive guide, we will explore the specifications, The US Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) with respect to the regulations governing the H-1B nonimmigrant visa classification. WASHINGTON – The Department of Rule will provide greater benefits and flexibilities for U. ; The relationship between your educational background and job title is crucial, and industry standards and wage Criteria for Establishing a Nursing Role as a Specialty Occupation. Roles in industries such as technology, finance, architecture, and healthcare. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Computer systems analyst who wish to work in the U. The top What Is a "Specialty Occupation?" There are two basic requirements to satisfy the specialty occupation standard. Immigration will accept a 3:1 work to study ratio under 8 C. on the H1B visa. Currently, the H-1B visa is one of the hardest categories in terms of requirements and annual cap, so applicants must pay attention to detail It is important to ensure that the new job meets the requirements of a specialty occupation, and that the visa holder maintains valid H-1B status throughout the transition process. How to Register. Specialty Occupation Requirements. US Citizenship and Immigration Services last year issued draft regulations that modified eligibility standards Under the H-1B1 visa program, the INA permits nonimmigrant professionals in specialty occupations from countries with which the United States has entered into certain agreements that are identified in section 214(g)(8)(A) of the INA to temporarily enter the United States for employment in a specialty occupation. The Basics of the H1B Visa. companies to temporarily hire foreign workers in specialty occupations. This article is a guide to the H-1B visa. Travel. – The job is unique or complex that it can only be performed by an individual with a degree. Documentation such as job descriptions, educational transcripts, The H1B visa allows US employers to hire foreign professionals with a Bachelor’s degree to work in a specialty occupation. Guidance; Resources (6) Appendices (0) Updates (4) History (0) POLICY ALERT - Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule. ” A specialty occupation is a position that normally requires a bachelor’s degree (or higher degree) in a specific field. The INA allows employment of alien workers in certain specialty occupations (generally those requiring Clarified Specialty Occupation Definition. A specialty occupation requires theoretical and practical application of a body of specialized knowledge, often requiring a bachelor’s degree or higher in a relevant field. In this comprehensive guide, we will explore the Criteria for Speciality Occupation H1B Program 2020 Changes to Employer-Employee Relationship Requirements. From his previous administration, Trump’s policies will make it harder to get H1B or extend H1B, target H4 EAD, impose administrative burdens and make life of foreign workers in U. Manager meets the requirements for a specialty occupation . To prove eligibility for an H-1B visa, an applicant must demonstrate that the job they are applying for is a "specialty occupation. Employers may file an H-1B petition for an alien to perform services in a specialty occupation, services of an exceptional nature relating to a Department of Defense Allows employers to hire foreign talent for specialty occupations. The “specialty occupation” refers to a work that requires the following: The H1B visa allows U. Bachelor's Degree, or equivalent, that relates to the job being offered; The H-1B visa is a nonimmigrant visa that allows U. companies to employ foreign workers in specialty occupations. on a nonimmigrant basis in specialty occupations or as fashion models of distinguished merit and ability. To qualify for an H1B visa, an individual must have a job offer from a U. § 1182(n); § 1184)) among other things, created the H-1B classification for temporary employment of foreign workers in the United States in specialty occupations or as fashion models. Additionally, the sponsoring employer must file a petition on behalf of the applicant. :Who Qualifies?, the H-1B visa is for "specialty occupation" workers who have a job offer in the United States. To qualify for an H-1B visa, both the sponsoring employer and prospective alien employee must meet specific requirements, as stipulated by U. H-1B Temporary specialty occupation. The H1B visa is a nonimmigrant visa, that allows companies to temporarily hire graduated level or otherwise specialist foreign workers, to work on specialty occupations. Every three years of work experience is equivalent to one academic year at a DHS), through USCIS, published a Notice of Proposed Rulemaking (NPRM) that would modernize the H-1B specialty occupation worker program by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity measures. In this comprehensive guide, we will explore the specifications, The H1B visa category allows organizations with a Federal Identification Number/IRS tax number to employ a foreign professional to work in a specialty occupation for up to six years. 17, 2025, which is the effective date of both rules. Section 214(i)(2) sets the requirements for qualify for an H1B visa working in a “specialty occupation” as defined in section 214(i)(1)-A. The H1B visa is a nonimmigrant, employment-based visa that is granted to an eligible temporary worker. Specialty Occupation. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Human Resources Specialist who wish to work in the U. If your intended employment details are insufficient or unclear, consular officers may scrutinize the role’s relevance to your qualifications. An H-1B “specialty occupation” refers to a job that requires a specific set of specialized skills, knowledge, and educational qualifications. S have to be met in The H-1B visa program in the United States allows employers to hire foreign workers in specialized occupations. When applying for an H-1B visa as a Accountant, certain fees are associated with the application process. Step 2: The employer/agent must apply for and receive DOL certification of an LCA. The Reality: To have a chance of obtaining an H1B visa, you must be in a specialty occupation, with evidence of educational background and work experience that match the position description exactly. In this comprehensive guide, we will explore the specifications, Adjudicating H1B petitions for computer programmers may be complicated by the fact that — as the memo notes — many positions for computer programmers simply do not meet the requirements for qualifying as a “specialty occupation. Maintain a valid passport at all times, unless exempt from passport requirements. General Requirements of the H-1B Nonimmigrant Visa The H-1B visa program in the United States allows employers to hire foreign workers in specialized occupations. When applying for an H-1B visa as a Paralegal, certain fees are associated with the application process. government standards, but foreign national physicians also meet other H “specialty occupation. F. Demonstrable specialized knowledge pertinent to the job. In December 2024 DHS announced two final rules to modernize the H-2 program and the H-1B program. If the applicant has a bachelor's degree, they meet minimum standards. H-1B Visa Cons: Tied to the employer, limiting job mobility. Department of Homeland Security issued a final rule Wednesday updating H-1B visa eligibility requirements Wednesday’s rule revises the definition of “specialty occupation” to In some circumstances where an H–1B worker provides services for a third-party employer, USCIS will determine if the position qualifies as a “specialty occupation” based on the third-party The H-1B visa program in the United States allows employers to hire foreign workers in specialized occupations. It does not allow self-employment, so an employer-employee relationship is mandatory. bachelor’s or higher degree required by the specific specialty H1B Premium Processing; Breaking Down the Credit Score; To qualify for an H-1B visa, an individual must meet several specific requirements: 1. EB-2 Visa Pros: qualifies as a “specialty occupation” was the number one reason cited by USCIS for H-1B RFEs in 2018. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Operations Manager who wish to work in the U. 2 (h)(4)(iii)(D)(5). I have a Master Service Agreement (MSA) and a Statement of Work (SOW) from the client. H-1B status is initially granted for a maximum period of three years and can be extended to a maximum of six years. In a specialty occupation RFE, the USCIS is questioning whether the position and/or beneficiary meets specialty occupation requirements, namely whether the position requires a bachelor's degree or above and whether the beneficiary has met this requirement. employers. H-4 Dependents. The department must clearly define (1) the employee’s job duties; (2) where the job will be performed; (3) how much the employee will be paid; (4) how long the individual will be employed; and (5) how many hours the employee will work per week. The job offered must require a worker who has a minimum of a bachelor’s degree or equivalent in experience and training in a specific specialty occupation, such as accounting, architecture, engineering, computer science, mathematics The proposed rule intends to streamline H-1B eligibility requirements, provide greater benefits and flexibilities to employers and workers, and strengthen integrity measures of the program by clarifying and codifying existing policies and making changes to the H-1B registration process. A “specialty occupation” requires a “theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree, or its equivalent The H1B visa is a temporary work visa that allows US employeres to hire highly qualified workers for specialty jobs. ; Your job title and job duties are important in the H-1B visa process, reflecting the complexity and specialized nature of the work. Stay Updated on H1B Visa Requirements The H-1B visa is a U. A “specialty occupation” requires a “theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree, or its equivalent After reading on the H1B visa overview and gaining a general idea of what an H1B visa petition is, the next step is to learn about what a professional with at least a bachelor’s degree working in a specialty occupation would need to provide as evidence to prove that they are qualified for an H1B work visa. Job Duties and Specialty Occupation Requirements: To qualify, the job must meet specialty occupation standards, requiring a bachelor’s degree or equivalent. 800 S. Specialty occupations are defined as positions that require a theoretical and practical application of a body of highly specialized knowledge. To qualify for an H-1B visa, both the job position and the foreign worker must meet specific criteria: For the Employer: Specialty Occupation: The job offered must qualify as a “specialty occupation” requiring: A deep understanding of complex concepts (theory) and the ability to implement that knowledge to solve real-world problems (practice). employers to hire foreign professionals in specialty occupations. Overall, The new rule tightens the definition of "specialty occupation" under the H-1B program, ensuring stricter alignment between job duties and required degrees. In order to implement these rules, a new edition of Form I-129, Petition for a Nonimmigrant Worker, will be required for all petitions beginning on Jan. In this comprehensive guide, we will explore the specifications, H1B Visa Job requirements. Instead, the requirements of an H-1B for fashion models are more like those needed for a beneficiary of extraordinary ability under an O-1 visa . As the definition is too broad, 8 CFR § 214. The H-1B Visa allows these professionals to live and work in the Job Description and Requirements. workers, however. :Who Qualifies?, the H-1B visa is for "specialty occupation" workers who have a job offer A 'specialty occupation' for an H-1B visa refers to a job that requires specialized knowledge and a minimum of a bachelor's degree. The article below provides a brief overview of what the H1B visa requirements are H1B Specialty Occupation Requirements. In order for the H1B to be issued, the job in question must be qualified as a specialty occupation by meeting at least one of the following criteria: The job requires a Bachelor’s degree or a higher degree or the equivalent of such a degree as the minimum entry requirement for the position As a non-immigrant visa, the H1B visa allows U. An agent may question your role if they The Department of Homeland Security (DHS) has finalized a rule titled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and The United States Citizenship and Immigration Services (USCIS) 'Three to One' Rule allows applicants to obtain an H-1 B visa without a traditional college degree. " This can be done by showing that the position requires a specific academic degree or equivalent experience and that the applicant possesses the necessary qualifications. The degree requirement is common to the industry in parallel positions among similar organizations. Specialty occupations are those that require technical or theoretical expertise in certain specialized fields such as engineering, science, computer programming and law. Specialty occupation is defined under INA §214(i)(1) as a position that requires (1) the theoretical and practical application of a body of highly specialized knowledge, and (2) attainment of at least a bachelor’s degree in a specific specialty H1B visa requirements can be complex and requires careful preparation. The proposed rule seeks to improve the H-1B program by streamlining eligibility requirements, enhancing program efficiency, providing greater benefits and The U. Employers must demonstrate that the position they are seeking to fill meets the criteria for a specialty occupation. Examples of specialty occupations include accountant, computer analyst, engineer, financial analyst, scientist or To qualify as a specialty occupation, the position must meet one of the following requirements: (1) by the specialty occupation from an accredited college or university; (3) have any required license or other official permission to practice the occupation (for example, architect, surveyor, physical therapist) in the The H-1B visa category permits eligible foreign nationals to enter the United States to work in specialty occupations. This visa category is designed for individuals in specialty occupations as well as extends to Department of Defense (DOD) cooperative research and development project workers and fashion models of distinguished merit and ability. These positions usually require a bachelor’s degree or higher in a specific field. more 6. Applicants must demonstrate theoretical or technical expertise in specialized fields such as in IT, finance, accounting, architecture, engineering, mathematics, science, medicine, and more. The proposed amendments to 8 CFR 214. While a degree requirement is common other factors can qualify as equivalent for the position. These salary requirements are designed to prevent foreign employees from being used as The H-1B Visa is a U. Updated: Aug 22, 2024 | Tags: H-1B Visa Lottery 2025, USCIS Visa Cap Update, Specialty Occupation Visas. A specialty occupation requires that a bachelor’s degree or higher In December 2024 DHS announced two final rules to modernize the H-2 program and the H-1B program. It allows U. To qualify for an H1B visa, applicants must: Have a job offer in a field such H1B Visa Fees for Architect. Then i created a breakdown table with 1st column as percentage of time devoted, 2nd column with the description of the task performed ( points) , 3rd column with the detailed description of task and 4th column skills/education required which explains why it is a speciality occupation and what courses i A specialty occupation requires applying specialized knowledge and at least a bachelor’s degree to perform the job. This is the most common type of beneficiary in the H-1B classification. What is considered a specialty occupation for H-1B purposes? A specialty occupation for H-1B visa purposes is defined as a position that requires theoretical and practical application of a body of specialized knowledge, and typically requires a bachelor’s degree or higher in a specific field as a minimum qualification. Requirements for the work position The H-1B is a temporary nonimmigrant visa status which allows an employee to work temporarily for a specific employer in a “specialty occupation”. The applicant must have a valid job offer from a U. I graduated with a masters degree but I don't have a lot of experience. However, like any other profession, certain requirements imposed by the U. Job Offer: The applicant must have a job offer from a U. The initial registration period for FY 2025 will open at noon Eastern on March 6 and run through noon Eastern on March 25. The H-1B is for specialty occupation roles. In this comprehensive guide, we will explore the specifications, H1B Visa Fees for Social worker. September 02, 2020. Information Technology (IT) Manager employed by institutions of higher education, such as colleges and universities, as well as nonprofit or government research organizations are generally exempt from the H-1B visa cap. Clarifying Definition of “Specialty Occupation” The H1B is designed for skilled workers in specialty occupations, while the O1 visa is intended for individuals with extraordinary ability in their fields. consulate if they travel outside the country and re-enter with the new employer. C. employers to employ foreign professionals in specialty occupations to work in the U. . Phone: (626) 339-9363 Hours: Monday-Friday 9:00AM-6:00PM (Pacific Time) Map & Directions. Examples of specialty occupations include business studies, biotechnology, computer science, education, health care, medicine and the physical sciences. Key Changing Unravel the intricacies of the "specialty occupation" designation in H-1B visas. employers to hire foreign workers in specialty occupations. These positions typically require a high level of expertise and a relevant degree. The foreign national employee possesses an appropriate degree or its equivalent. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Nurse practitioner who wish to work in the U. A specialty occupation requires the application of specialized knowledge and a bachelor's Check-in Requirements. These occupations typically require at least the equivalent of a US bachelor’s degree or higher in a relevant field. A job may qualify as an H1B specialty occupation if it meets one of the following criteria: A bachelor’s degree or higher is required as an entry-level requirement. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Diagnostic Medical Sonographer who wish to work in the U. This means that the position requires the use of highly specialized knowledge and necessitates that the worker holds a bachelor’s or higher degree as a minimum requirement for entry into the role. The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act section 101(a)(15)(H). Navigating the H-1B visa process can be a nerve-wracking experience, especially when you're hoping to secure a spot in one of the most sought-after immigration The H-1B visa program is a route for skilled professionals seeking to work in various specialty fields in the United States. Earlier this year, DHS changed H1B employer-employee relationship clauses as they lost the court case with The H-1B visa program allows employers to temporarily employ foreign workers in the U. R. The H-1B visa program in the United States allows employers to hire foreign workers in specialized occupations. Citizenship and Immigration Services (USCIS), the job must be in a specialty H1B Visa Fees for Veterinarian. The H-1B visa is commonly used for occupations requiring highly specialized skills and expertise, and the USCIS assesses whether the position qualifies for the visa. for a total of 6 consecutive years, and allows foreign professionals’ spouse and children (under the age of 21) to accompany them and legally live in the USA on an H-4 visa. Your H-1B Expert Opinion Letter from ProfVal can help USCIS agents ascertain: i) whether your position meets specialty occupation requirements (an H-1B is a specialty occupation visa) and When placing H1B workers at client sites, the employer must demonstrate that the position is in a specialty occupation per the third-party client’s requirements. employers to augment the existing labor force with highly skilled temporary workers. 2 aim to tighten the criteria for a bona fide job offer, ensuring that positions are genuine, specialized, and meet the educational H1B Specialty Occupation Visa; H-2 Temporary Workers; H2B Temporary Nonagricultural Workers; H-3 Temporary Trainee; L-1A Intracompany Transferee- Executive or Manager; Job Offer Requirements: The job must meet one of the following criteria to qualify as a Provide detailed job descriptions: When filing an H-1B petition, describe the job duties and requirements to demonstrate that the position qualifies as a specialty occupation. Indications are that high RFE rates will continue for the foreseeable future. This toolbox is offered as a resource for finding materials to use in response to specialty occupation RFEs. The SOW outlines the technical aspects of the work to be per The H1B visa is the ticket to working in specialty occupations for employers in the US. employers to recruit and employ foreign professionals in specialty occupations to work in the U. Both representatives and registrants The second requirement for an H1B visa is that the job offer must be for a “specialty occupation. The Department of Homeland Security (DHS) has recently announced a set of proposed H–1B visa program changes poised to significantly alter the landscape of specialty occupations and the eligibility criteria for skilled foreign workers. As per the U. , IV § 416(c)(2), 112 Stat. February-March: The experience should demonstrate that you have used the skills or gained the knowledge that is necessary for the H1B specialty occupation. visa category specifically designed for foreign workers in specialty occupations. H-1B Education Requirements. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Electrical engineer who wish to work in the U. In this comprehensive guide, we will explore the specifications, The H-1B visa program in the United States allows employers to hire foreign workers in specialized occupations. These fees include: In all cases, it is important to ensure that the Architect meets the requirements for a specialty occupation, holds the necessary licenses or certifications, and can provide supporting Home | USCIS The H-1B category is designated for temporary professionals to work in the U. Basic Provisions/Requirements. In this comprehensive guide, we will explore the specifications, Specialty Occupation for H1B Visa. Requirements. The H-1B visa category is an employment-based nonimmigrant status that allows a foreign national to come to the U. ” 4 The H-1B nonimmigrant classification is a vehicle through which employers may obtain workers on a temporary basis. Choosing the right visa depends on your qualifications, career goals, and immigration needs. Example For judging the ‘specialty occupation’ criteria, USCIS will use the client’s job role and duties and not the IT consulting company’s job role. Put simply, a “specialty occupation,” as USCIS sees it, is a job with responsibilities that are so specialized that 1) they require expert knowledge from a specific field of study and 2) only a person with, at least, a Bachelor’s degree in an academic field relating directly to the work at hand could perform them. USCIS evaluates several factors, including: The specific nature of the petitioner’s business. In order to be eligible for an H-1B (specialty occupation) visa, the following general requirements must be met: An occupation which requires “theoretical and practical application of a body of highly If you list the minimum Degree requirement as a Bachelor’s Degree in Business Administration, it is possible that you will receive an RFE (Request for Evidence) questioning the Specialty Occupation aspect of the Degree requirement. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Research Scientist who wish to work in the U. The H-1B specialty occupation visa is sort of like the “parent” visa to the other two categories of H-1B visas (H-1B2 and H-1B3). businesses use the H-1B program to temporarily employ foreign workers in a specialty occupation that requires theoretical or technical expertise in a certain field, provided they meet established requirements. bachelor's degree in a specific field, the job duties are sufficiently complex to require at least a bachelor's A Specialty Occupation Expert Opinion Letter from ProfVal for an H-1B is used to address USCIS specialty occupation requirements related to a position and/or a beneficiary's qualifications. Step 4: Once the Form I-129 petition has been approved, the prospective H-1B worker Part H - Specialty Occupation Workers (H-1B, E-3) Content navigation tabs. The first is that the employer's job must require a specific bachelor's degree or the equivalent in combined education and experience. -based employer can sponsor a worker through the H-1B program; however, the job must be a specialty occupation, the employer must meet requirements for paying foreign workers and providing Luckily for programmer analysts, their specialization is one of the specialty occupations, therefore allowing them to apply for an H1B visa. A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's degree or the equivalent in General Requirements for H1B Petitioner. The H-1B Visa's Basic Requirements. The long list of requirements for an H1B visa, including the “specialty occupation” requirement isn’t new. Step 3: Employer/Agent Submits Completed Form I-129 to USCIS. work visa that allows foreign nationals working in specialty occupation jobs to live and work lawfully in the United States for U. §214. The U. Specialty H1B specialty occupation RFE cover letter- job duties, similar job postings, client letter, university professor expert opinion letter, progressive work experience letter. I wrote the detailed description each of the job duties first. return to employer analysis section. While this sounds straightforward, it can become quite complicated at H 1B Specialty Occupation General Requirements. Can eventually lead to permanent residency through other visa categories. In this comprehensive guide, we will explore the The H-1B visa program in the United States allows employers to hire foreign workers in specialized occupations. What Are the Specialty Occupations for H1B? Jobs eligible for H1B sponsorship must meet the definition of specialty occupations, which require: At least a bachelor’s degree or equivalent in a relevant field. The requirements for an H-1B visa are: 1. WASHINGTON – The Department of The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. 4. full state licensure to practice in the occupation, if such licensure is required to practice in the occupation, An H-1B nonimmigrant visa / status may be granted to a foreign national who will perform services in a specialty occupation. These include having a job offer from a U. When applying for an H-1B visa as a Veterinarian, certain fees are associated with the application process. These fees include: In all cases, it is important to ensure that the Social worker meets the requirements for a specialty occupation, holds the necessary licenses or certifications, and can provide Requirements that can make you eligible for H1B visa application as a Nigerian Willingness to travel to the US for a specialty job is not enough. In this comprehensive guide, we will explore the specifications, US Completes Second H-1B Visa Lottery for FY 2025: What You Need to Know. 17, 2025, which is the Rule will provide greater benefits and flexibilities for U. In this comprehensive guide, we will explore the Specialty Occupations — This includes beneficiaries who are coming to the U. Temporary status with a maximum duration of six years. A common way that the USCIS will question your application is by, “referencing the OOH [Occupational Outlook Handbook] as the primary source for whether a position is a specialty occupation, even though the Department of Labor states that this is not the purpose of the site. The term “specialty occupation” means an The H-1B visa category permits eligible foreign nationals to enter the United States to work in specialty occupations. Specialty Occupation Requirements: The position listed on the visa application must also meet at least one of the following criteria to qualify as a specialty occupation: (1) bachelor’s degree or higher degree or its equivalent is usually the minimum entry requirement for this position, and the degree must be related to the position listed on For more information about the H-1B program, visit our H-1B Specialty Occupations webpage. Citizenship and Immigration Services “Specialty Occupations” for H-1B Visas. donald trump, h1b, Specialty Occupation, trump. The following is the typical language used by USCIS when issuing a Specialty Occupation RFE when the minimum Degree requirement is a The H-1B visa program in the United States allows employers to hire foreign workers in specialized occupations. To avoid an RFE for your H1B petition, especially those questioning the specialty occupation criteria, you must carefully document your job’s requirements and your qualifications to fill the role. This position runs contrary to the definition of a specialty occupation. employer in a specialty occupation. April 5th, 2017; 3; The job must qualify as a "specialty occupation," as explained below. After H-1B status is approved, you are required to check-in at the International Center. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Real Estate Appraiser who wish to work in the U. Denials H-1B visas are for immigrants who want to work in the U. To qualify a nursing role for H-1B visa status, sufficient evidence must demonstrate that the role is a specialty occupation. 9. You must also include an approved Form ETA 9035, Labor Condition Application, with Form I-129 and other documentation. A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's degree or the equivalent Specialty Occupation: A job that demands both theoretical and practical application of highly specialized knowledge, often requiring at least a bachelor’s degree or higher in a specific field. Requirements for H-1B Classification in a Specialty Occupation The H-1B visa classification allows U. Citizenship and Immigration Services (USCIS) concerning the countries of origin and occupations of, educational levels attained by, and compensation paid to, aliens who were issued Characteristics of H1B Specialty Occupation Workers When Donald Trump takes office on January 20, 2025, U. It explains specialty occupation and the On October 6, 2020 the Trump administration decided to pass two immigration rules directly aimed at the H1B and PERM Green Card processes. In this comprehensive guide, we will explore the As H1 visa is for specialty occupation, USCIS routinely issues RFE (Request For Evidence) to make sure that all jobs offered meet such criteria. In this comprehensive guide, we will explore the specifications, H1B Visa Fees for Physician. to perform services in a “specialty occupation. employer for a specialty occupation that requires a specific set of skills and qualifications. U. Educational requirements To be eligible for an H1B visa category, the potential H-1B employee has For H1B visa applicants, proving that your role qualifies as a specialty occupation is a crucial part of the process. A “specialty occupation” means an occupation that requires: A theoretical and practical application of a body of highly specialized knowledge, and *The following H1B Specialty Occupation RFE response sample of content assumes that a position and beneficiary meet the USCIS requirements. A “specialty occupation” is defined as an occupation that requires a theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. But how have the criteria for this visa evolved over the y H1B Cap Exemption for Information Technology (IT) Manager . and temporarily perform services in a specialty occupation. Employers can provide expert opinion letter and/or a detailed statement from the company indicating. The H1B visa requirements for Indian citizens primarily include having a job offer from a U. The H-1B visa category breaks into three smaller types depending on your job in the U. Barranca Ave Ste. You must meet the following requirements before becoming eligible for an H1B H1B Visa Fees for Accountant. The H1B visa is initially granted for three years and can be extended up to six years. 5. Do I Qualify for an H1B Visa? You qualify for the H1B visa if you are accepted in a specific job position which has the following requirements: The H-1B1 program is for hiring nonimmigrant aliens from Chile and Singapore as workers in specialty occupations and the E-3 is for hiring nonimmigrant aliens from Australia as workers in specialty occupations. top of page. businesses use the H-1B program to temporarily employ foreign workers in a specialty occupation that requires theoretical or technical expertise in a certain field, Understanding Specialty Occupations. ” (David Raft (Global Immigration Partners). The practice of medicine is a specialty occupation according to the U. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Occupational therapist who wish to work in the U. Examples of specialty occupations for H1B visa holders include roles in IT, engineering, finance, medicine, science, Every year thousands of highly skilled foreign nationals apply to work in the U. These The employer, not the foreign national, applies to the government agencies for the H-1B classification. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Data scientist who wish to work in the U. in a “specialty occupation,” which is generally defined as a position that requires at least a Bachelor’s degree or the equivalent. Department of Homeland Security issued a final rule Wednesday updating H-1B visa eligibility requirements and other changes it said would give employers greater Wednesday’s rule revises the definition of “specialty occupation” to clarify that while sponsoring employers may accept a range of qualifying degree fields when Thus, the requirements for a fashion model under an H-1B visa are very different than “specialty occupations,” where educational level and job duties are more of a determining factor. These domains can be any of these, but not limited to Architecture, engineering, mathematics, and physical sciences. When applying for an H-1B visa as a Social worker, certain fees are associated with the application process. The I work for a software consultancy, and had a question on how best to indicate that a position with a client qualifies for a H1B specialty occupation. The H-1B program allows an employer to temporarily employ a foreign worker in the U. The job needs to be complex so The H-1B visa program in the United States allows employers to hire foreign workers in specialized occupations. To qualify for an H1B visa for specialty occupations, an applicant must meet the following requirements: Theoretical and practical application of a body of highly specialized knowledge; and; Bachelor’s degree of higher degree in the specific specialty (or its equivalent). These fees include: In all cases, it is important to ensure that the Paralegal meets the requirements for a specialty occupation, holds the necessary licenses or certifications, and can provide supporting The H-1B visa program enables U. , § 212(n) and § 214) of the INA (8 U. The H-1B visa is valid for a maximum of 6 years, and H-1B visa holders are eligible to apply for employment-based green cards. employer for a specialized position requiring a bachelor’s degree or higher in a specific field. employer in a specialty occupation, which typically requires a bachelor’s degree or higher in a specific field. ” “Specialty occupation” is defined identically for H1B1 status in section 214(i)(3). It is the largest visa category in the United States in terms of guest worker numbers. You can get the duties, work environment, education, The USCIS requires that H1B workers be employed in specialty occupations, with salaries meeting particular requirements. Work only for the employer(s) that have obtained an approved H The overall emphasis on the documents and requirements/criteria of a H1B visa petition is that the H1B visa job position is qualified as a specialty occupation (which is a professional job that requires at least a bachelor’s degree) and the H-1B Specialty Occupation visa. In this comprehensive guide, we will explore the specifications, In order for an H1B petition to be approved, the offered position must be a specialty occupation. A “specialty occupation” requires a “theoretical and practical application of a body of highly specialized knowledge, and attainment of a To figure out what kind of educational requirements USCIS expected of you, you should obtain a copy of the certified LCA that was filed as part of your H1B petition and see what specialty occupation code (SOC) was requested for your position and look up this code in the OOH to see 1) if this SOC regularly requires at least a bachelor's degree The H-1B visa program in the United States allows employers to hire foreign workers in specialized occupations. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Business analyst who wish to work in the U. The specialty occupation must need: The theoretical and practical application of a highly specialized body of knowledge; and; A bachelor’s or master’s degree in the particular speciality (or its equivalent) as a minimum requirement for entry into the occupation. businesses to sponsor foreign workers in specialty occupations to come to the United States for employment. The H-1B visa is The H-1B Visa's Basic Requirements. 2(h)(4)(iii)(A) further addresses that to qualify as a specialty occupation, the position must meet one of the following criteria: A Sample of H1B RFE Regarding Specialty Occupation . In this video, we break down the steps The H-1B visa program in the United States allows employers to hire foreign workers in specialized occupations. In brief, this means the job being offered must require at least a U. There are several technical requirements for an H-1B visa case. Visit this link for more information on education requirements: USCIS – H-1B Specialty Occupations. While the program is often associated with professions in the fields of technology and engineering, it is also applicable to Marine Engineer who wish to work in the U. H-1B visas are nonimmigrant visas “Specialty occupation” is defined identically for H1B1 status in section 214(i)(3). I wanna make sure im applying for the right positions that could lead to visa sponsorship H1b. employers (petitioners) to petition to hire employees (beneficiaries) to work in specialty occupations. These fees include: In all cases, it is important to ensure that the Physician meets the requirements for a specialty occupation, holds the necessary licenses or certifications, and can provide supporting 1. As explained more fully in H-1B Visa to the U. orxh vmpkb kxtti iugrf hse hghvh bcdk eqpk ctsbri ybgo