H-1B Specialty Occupations
The H-1B Visa is a vital tool for U.S. employers looking to hire foreign professionals in specialized occupations. This visa category applies to roles requiring at least a Bachelor’s degree in a specific field, such as IT, engineering, education, or healthcare. Employers sponsoring H-1B employees must ensure they meet prevailing wage requirements, post notice of the role at the worksite, and comply with Department of Labor regulations.
Key Features of the H-1B Visa:
Annual Cap: Each fiscal year, 85,000 new H-1B Visas are made available, including 20,000 reserved for individuals with a U.S. Master’s degree or higher. Applications are subject to a lottery system if demand exceeds the cap.
Cap-Exempt Organizations: Certain employers, such as universities, affiliated nonprofit entities, and nonprofit or governmental research organizations, are exempt from the annual cap. This allows them to file H-1B petitions year-round.
Duration: Initial H-1B status is granted for up to three years, with the possibility of extension to a maximum of six years. Extensions beyond six years may be available if a Permanent Residency (Green Card) petition is filed within the appropriate timeframe.
Dependents: Spouse dependents of H-1B workers, under H-4 status are generally not eligible for work authorization but may qualify for limited employment authorization in specific circumstances.