To meet the requirement of an H1B specialty occupation, a position must meet at least one of the following requirements:
A bachelor’s or higher degree (or its equivalent) is usually the minimum requirement to enter the specific position
The degree requirement is common to the industry in similar positions among similar organizations or, alternatively, an employer may show that its particular position is so complex or unique that only an individual with a degree can perform it;
The employer typically requires a degree or its equivalent for the position; OR
The specific duties required for the position are so specialized and complex that the knowledge needed to perform the duties is usually associated with a bachelor’s or higher degree.
Have a Bachelor’s degree or higher degree from an accredited U.S. university; or a foreign equivalent of a U.S. Bachelor’s degree or higher degree;
The degree corresponds with the area of work; and
Hold an unrestricted state license or certificate.
Theoretical and practical application of knowledge and skill; and
This means the job position must:
Require no less than the equivalent of a U.S. bachelor’s degree in a field that is related to the position, and
The Applicant must have no less than the equivalent of a U.S. bachelor’s degree in an area related to the position’s requirements.
There are various advantages to working under an H1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models Visa. These advantages include the following:
Ability to work part-time.
Working for multiple employers, which can lead to stronger earnings.
Portability. You are not stuck to the first employer and can transfer your H-1B Visa if you meet certain requirements.
Mobility. You are allowed to take time off, take sick days or vacation time.
Employee rights to certain work conditions and benefits.
Your children can attend school.
Spouses can get a visa too and apply for employment authorization.
Potential to have your H-1B visa petitions employer sponsor you for permanent residence.
Can start your own business.
Flexibility in length of visa through the ability to extend the visa but not be obligated to stay in the same position and with the same employer forever.
Dual Intent Visa means applying for other visas, including ones that lead to a Green Card.
H-1B Visa Lawyer New York
Retaining an H-1B visa lawyer with experience and knowledge of the process is absolutely necessary when handling such important immigration visa matters.
Ready to get started?
Contact our immigration law firm for a free consultation or with any questions.