H1B Process for Specialty Skills

US employer can apply for an H1B with USCIS  on behalf of a foreign worker, so long as that the offered job requires at least a bachelor’s degree in a field of study related to the offered job.  Common H1B fields include, yet are not limited to, computer sciences, engineering, mathematics, physical sciences, social sciences, architecture, health sciences, law, education, business, accounting, and other positions.

Time it takes to get an approved H-1B can vary greatly. This typically depends on the processing time of the various government agencies involved. H-1Bs are unique as not all visas require both the Dept. of Labor and USCIS to work cohesively. Therefore, if you are thinking about getting an H-1B, try to start your process on the earlier end – keeping in mind that you cannot submit your petition any earlier than six months from the anticipated employment start date.

Apart from the above 65,000, there is also an additional 20,000 visas available to applicants with a U.S. master’s degree or higher degree from reputable institutions. This is sometimes referred to as the H-1B master’s cap or advanced or master’s degree exemption. Therefore, in total, 85,000 H-1B visas are issued every year.

The H-1B total duration is six years. The initial period of stay for a newly admitted H-1B nonimmigrant is three years. After the first three years, you may get an extension of stay for up to another three years. If you wish to apply for an H-1B visa again, you must first leave the U.S. and allow at least one year to pass before reapplying. However, you may be entitled to stay beyond six years if you have a pending green card application with the USCIS.

A specialty occupation is one that the United States Citizenship and Immigration Service (USCIS) deems worthy of an H-1B visa. For a job to meet the “specialty occupation,” it must have one of the following criteria:

• The position requires a bachelor’s or higher degree or its equivalent
• The job is so complex that it cannot be performed by an individual with lesser qualification
• The employer typically requires a degree or its equivalent for the position

An H-1B petition can only be filed by your prospective employer, as beneficiaries cannot self-sponsor their own petitions. Although there is a very rare exception to this, whereby an H-1B petition is filed using a U.S. organization owned by the visa beneficiary, these types of cases are usually subjected to much more scrutiny by the USCIS.