Specialty Occupation (H-1B)

Overview

H-1B classification applies to persons coming to the United States to be employed in a specialized occupation, which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education.

Period of Stay

The H-1B visa is valid for 3 years and, if approved, may be extended to another 3 years. But the total maximum stay of an H-1B visa holder should not exceed six (6) years.

Eligibility Requirements

* There should be an offer of employment from the petitioner;
* Employment is limited only to the approved employer-petitioner;
* Employment should commence only upon the approval of the petition;
* Should the employment be terminated prior to the end of the authorized period of employment, the employer should shoulder all related costs for the return of the employee to his country of origin;

Premium Processing

The BCIS offers an expedited 14-day service for an additional fee of $1,000.00. Regular processing currently takes about 12-14 weeks. The advantage of Premium Processing is speed. The disadvantage is that in order to expedite a case within the 14-day deadline, the BCIS does not have adequate time to request additional information to clarify any ambiguities in the petition. Therefore a denial is far more frequent in Premium Processing cases than with Regular Processing. We will provide you with a legal opinion as to the merits of Premium Processing in your particular case.

Family Members

With the exception of "Q-1 Cultural Exchange Visitors," the spouse and unmarried, minor children of an applicant under any of the above classifications may also be classified as nonimmigrants in order to accompany or join the principal applicant. A person who has received a visa as the spouse or child of a temporary worker may not accept employment in the United States. The principal applicant must be able to show that he or she will be able to support his or her family in the United States.