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H-1B VISA

The H1-B visa (Professional in a Specialty Occupation) allows a U.S. employer to fill a position requiring the minimum of a baccalaureate in the particular field with a qualified foreign worker.  He or she must possess a U.S. bachelor’s degree or an accredited foreign equivalent.  

 

The H1-B visa is for foreign workers who will hold specialty occupations.  A specialty occupation is one which “requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation AND which requires the attainment of a bachelor’s degree or higher in a specific specialty as a minimum for entry into the occupation in the United States.”  The employer must demonstrate a need for someone in a specialty occupation as the minimum capacity to perform his or her job duties. 
 

As of this writing, Congress has set a limit of 65,000 for H-1B most workers.  Those who work for universities, government and non-profit research organizations are not subject to the H-1B cap.   Additionally, the first 20,000 H-1B workers who have a U.S. master’s degree or higher are exempt from the cap.   

 

 

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We represent clients regarding simple and complicated employment-based immigration matters

before the U.S. Citizenship & Immigration Service.

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