H1B Visa – Specialty Occupation – Professional Visa and Fashion Models
Individuals may obtain a temporary visa to work in the United States. An H1B Visa allows individuals who are offered a position with a U.S. employer to work for that employer as long as the position is n their field. The term “Specialty Occupation” is defined by the Immigration and Nationality Act as an occupation that requires a “theoretical and practical application of a body of 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.” Generally, to be eligible for a H1B visa, the following criteria should be met:
- Applicant possesses a U.S. Bachelor degree or equivalent of a US Bachelor’s Degree or higher, or employment experience that are equivalent to a bachelor’s degree;
- H1B Employer is willing to pay the Applicant the Prevailing wage;
- H1B Employer can afford to pay the H1B Applicant such Prevailing Wage.
Examples of H1B Specialty Occupations:
There are numerous types of specialty occupations. Below is just a sample list as the options are numerous:
Accountants
Architects
Biologists
Business Managers
Chemists
Chiropractors
Computer Scientists
Computer Systems Analysts
Dietitians
Engineers
Executives
Graphic Designer
Hotel Managers
Lawyers
Medical Technologists
Music Directors
Pharmacists
Physicians
Social Workers
Validity of H1B Visa:
The H1B visa is initially valid for a period of 3 years and may be renewed for another 3 years. The maximum number of years an individual may remain with the H1B status is six years. Obtaining an H1B Visa can be a competitive process as the Congress only makes an annual fiscal year limitation of 65,000 visas available for bachelor’s degree Applicants and 20,000 H1B Visas for U.S. Masters or higher Degree holders, commonly referred to as the “H1B cap”. The first date of filing each year is April 1st or the next working day if April 1st falls on the weekend or holiday. It is important to note that not all H1B petitions are subject to the H1B cap. As noted by the United States Citizenship and Immigration Services (“USCIS”), these H1B cap exempt categories may be filed at any time during the fiscal year and they commonly include:
- Institutions of higher education;
- Related or affiliated not-for-profit entities;
- Not-for-profit research organizations or governmental research organizations.
As in 2007 for work beginning in October 1, 2007, there was approximately twice the amount of applicants for each Visa within the first two days of filing. In contrast, 2010 the H1B Cap did not fill up until January 26, 2011.
The H1B visa Cap is unpredictable; therefore it is important to file as early as you can. As you can see above, possibilities of specialty occupations are extensive; however, the requirements are extremely detailed. You need every advantage you can have to maximize your chance of approval, make sure you contact Cipolla Law Group so that your best case can be put forward and you can avoid the many pitfalls surrounding H1B Visa Applications.
