H-1B Work Visa Lawyer in Orlando –
RPatel Law

What qualifies as a “specialty occupation”?

To be considered a specialty occupation, a job must meet one of the following criteria:

• 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; or
  

• 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.
  

Who qualifies for the H-1B Visa?

In order to qualify to accept a job offer in a specialty occupation, the individual must meet one of the following criteria:

• 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 equivalent to a U.S. bachelor’s or higher degree in the specialty occupation

• Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
  

• Progressively responsible experience in the specialty that is equivalent to the completion of such a degree and recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
  

What is the H-1B Cap?

Within the H-1B program, applications are subjected to a Fiscal Year general cap and a Master’s Exemption cap of only 20,000 applications. The congressionally mandated general cap is 65,000 applications. Applications for the next fiscal year are accepted starting in April of the prior year. However, due to the caps and the high volume of applications in such a short period, this filing period only lasts about a week or less, and it essentially becomes a “lottery.” USCIS will use a computer-generated random selection process to determine which 65,000 applications will be chosen for consideration and subjected to the general cap and which 20,000 will be chosen for consideration and subjected to the Master’s Exemption cap.

How long is the period of stay in the United States with an H-1B Visa?

As an H-1B nonimmigrant, the individual may be admitted for a period of up to three years. The period may be extended but generally cannot go beyond a total of six years. However, some exceptions do apply.