H-1B Specialty Occupation Visas - Basic Eligibility

H-1B Status is for persons in a "specialty occupation" in the U.S. that requires "theoretical and practical application of highly specialized knowledge." A bachelor's level or higher degree must be a minimum requirement for the occupation in the U.S., and the person coming to work in H-1B status must have attained a bachelor's or higher degree, or have the ability to prove equivalent training, experience and recognition in the field of endeavour.

There are also H visas available for Fashion Models, Health Care Workers and Seasonal Workers that are not included within the scope of this article.

To be a 'Specialty Occupation', the position must meet one of the following four criteria:

• Attainment of a Bachelor's or higher degree or its equivalent is normally the minimum requirement for entry into the position; or,
  
• The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, and employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree; or,
• The employer normally requires a degree or its equivalent for the position; or,
• The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.
  

The petitioner (employer) requesting the work visa for the beneficiary (foreign worker) must submit a petition along with the following:

• A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary; and,
• A statement that it will comply with the terms of the labor condition application for the duration of the beneficiary's authorized period of stay; and,
• Evidence that the beneficiary qualifies to perform services in the specialty occupation.
  

The beneficiary (employee) must meet one of the following criteria:

• Holds a United States bachelor's degree or higher degree required by the specialty occupation from an accredited college or university; or,
• Holds a foreign degree determined to be equivalent to a United States bachelor's or higher degree required by the specialty occupation from an accredited college or university; or,
• Holds an unrestricted State license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or,
• Has education, specialized training, and/or progressively responsible experience that is equivalent to completion of United States bachelor's or higher degree in the specialty occupation, and has recognition of expertise in the specialty through progressively responsible positions directed related to the specialty.