H-1B Visa for Specialty Occupation Workers

What Is a Specialty Occupation?

A specialty occupation requires the theoretical and practical application of highly specialized knowledge. The position must normally require at least a bachelor’s degree or higher in a directly related specific specialty, or an equivalent qualification.

H-1B positions may be available in fields such as:

• Engineering
• Information technology
• Finance and accounting
• Architecture
• Education
• Medicine and health care
• Mathematics and science
• Business specialties

H-1B Employee Qualifications

The prospective employee must be qualified to perform the specialty occupation. Depending on the position, the employee may qualify through:

• A U.S. bachelor’s or higher degree in a directly related specialty
• An equivalent foreign degree
• A combination of education, specialized training, and progressively responsible experience
• An unrestricted state licence, registration, or certification when required for the occupation

Foreign education or professional experience may need to be evaluated to determine its U.S. equivalency. Work experience does not automatically equal a bachelor’s degree, and the evidence must demonstrate how the applicant developed the required specialized knowledge.

Employer Sponsorship Requirements

An H-1B Visa generally requires sponsorship from a U.S. employer. Before filing the petition with U.S. Citizenship and Immigration Services, the employer must obtain a certified Labor Condition Application from the U.S. Department of Labor.

Through the Labor Condition Application, the employer makes several attestations concerning wages and working conditions. The employer must generally pay the H-1B employee at least the higher of the actual wage paid to similarly qualified employees or the prevailing wage for the occupation in the area of intended employment.

The petition must also demonstrate that a genuine specialty-occupation position is available and that the employer will have the right to control the employee’s work.

Understanding the Annual H-1B Cap

Federal law generally limits new cap-subject H-1B classifications to 65,000 per fiscal year. An additional 20,000 spaces are reserved for eligible applicants who have earned a master’s or higher degree from a qualifying U.S. institution.

When registrations exceed the available numbers, USCIS conducts a selection process. A selection allows the employer to submit a cap-subject petition on behalf of the named worker, but it does not guarantee petition approval or visa issuance.

Registration dates, fees, filing procedures, and selection rules may change between fiscal years. Employers should review the current instructions before beginning the process.

Duration of H-1B Status

H-1B status may generally be approved for up to three years at a time, with a typical maximum of six years. Time spent outside the United States may sometimes be recaptured.

Extensions beyond six years may be available in certain circumstances involving an employment-based permanent residence process. Approval depends on the timing and status of the relevant labour certification or immigrant petition.

Guidance for Your H-1B Visa Application

An H-1B petition must connect the position’s duties, degree requirements, employee’s qualifications, wage information, and terms of employment. Incomplete or inconsistent evidence may lead to delays, requests for additional evidence, or denial.

Pilkington Immigration helps U.S. employers and foreign professionals evaluate H-1B eligibility and prepare supporting documentation. Our team can assist with cap-subject registrations, cap-exempt petitions, extensions, amendments, and changes of employer.

Request a consultation to discuss your H-1B Visa needs and develop an immigration strategy based on your employment circumstances.