H-1B SPECIALTY OCCUPATIONS

This visa category applies to people who wish to perform services in a specialty occupation.

Labor Condition Application (LCA)

Prospective specialty occupation employers must obtain a certification of an LCA from the DOL. The application requires the employer to attest that it will comply with the following labor requirements:

  • The employer will pay the beneficiary a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for your position in the geographic area in which you will be working.
  • The employer will provide working conditions that will not adversely affect other similarly employed workers.

Period of Stay

As an H-1B nonimmigrant, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years.

photo-content-hurtado-law-dod

photo-content-hurtado-law-fashion-model

H-1B Cap

The H-1B visa has an annual numerical limit “cap” of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are not subject to this numerical cap.

Family of H-1B Visa Holders

Your spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification. Beginning May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident status.

For more information on H-1B visas, go to the U.S. Citizenship and Immigration Services website.