H-1B Visa Attorney

Work Visa for Specialized Professionals

The H1B visa allows foreign professionals with specialized knowledge to come to the U.S. and work in a specialty occupation. A specialty occupation is one which requires a theoretical and practical application of highly specialized knowledge to fully perform the occupation along with a bachelor’s degree or higher in a specific specialty as a minimum requirement.

Which occupations may qualify?

Although there are other fields which qualify, the following have been generally accepted as qualifying fields:​

  • Architecture
  • Engineering
  • Mathematics
  • Physical sciences
  • Social sciences
  • Medicine and Health
  • Education
  • Business Specialties
  • Accounting
  • Law
  • Theology

Family members of the H1B worker?

The family members of an H1B worker may come with the employee on an H4 status. As a result of having this status, the family members live and attend school in the U.S. However, they may not accept employment on this status. If they wish to accept employment, they may be able to file for a change of status to H1B while in the U.S.

How long may I work on an H1B?

The H1B is granted in three-year increments. An H1B worker may work for a period of 6 years on an H1B. Afterwards, the worker must stay outside the U.S. for a period of one year before returning on an H1B. Although, extensions are available for certain qualifying H1B workers who have a permanent labor petition pending on their behalf for over one year or have an approved labor petition without a current priority date. In this situation, the employee is able to receive extensions beyond the 6 year limitation.