H-1B Specialty Occupation

The H-1B is a nonimmigrant classification allowing U.S. employers to seek temporary employment authorization for certain professional foreign workers to work for the U.S. employer in a specialty occupation. The position in which the foreign worker will be employed must meet the definition of “specialty occupation” (i.e., require a minimum of a bachelor’s degree or its foreign equivalent to perform the job duties). Additionally, the foreign worker must have a U.S. Bachelor’s Degree or its foreign equivalent in a relevant field and be otherwise qualified to perform the job duties of the specialty occupation position.

An H-1B petition can be approved for up to three years, and extended for an additional three years for a maximum of six years. Extensions beyond the six year limit may be possible for certain employees who have also been sponsored by their employer for lawful permanent residence.

Under U.S. immigration law, a “specialty occupation” is one which requires the theoretical and practical application of a body of highly specialized knowledge. Examples include biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, certain business specialties, and theology.

The H-1B employment must meet one of the following criteria to qualify as a specialty occupation:

Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
The employer normally requires a degree or its equivalent for the position
The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree

In addition to general U.S. immigration admissibility, an H-1B employee must meet one of the following requirements in order accept a job offer in a specialty occupation:

Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university
Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
Hold an unrestricted state license, registration, or certification which authorizes him or her to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty

The spouse and children of an H-1B foreign worker may be able to reside in the United States in H-4 status. However, most spouses and children in H-4 status are not authorized for employment in the United States.

Certain H-4 spouses are eligible to apply for employment authorization. In order to qualify, the H-4 spouse must be in the United States and their H-1B spouse must also be the beneficiary of an approved I-140 (Immigration Visa Petition) filed by their employer.

Children on H-4 are eligible to attend school in the United States.