Working Visa / Working Permit-H1B - for Professionals

H1B working visa/working permit are available for an alien who is coming temporarily to the United States to perform services in the specialty occupations. “Specialty occupation” is defined as “an occupation that requires (A) theoretical and practical application of a body of highly specialized knowledge, and (B) attainment of a bachelor’s or higher degree or its equivalent as a minimum for entry into the occupation in the United States.

Preliminary Considerations:

- Professional Nature of the Position. Employer has to support its petition by showing

(1) A baccalaureate of higher degree or its equivalent is normally the minimum requirement for
      entry into the particular position.
(2) The degree requirement is common to the industry in parallel positions among similar
      organization.
(3) The employer normally requires a degree or its equivalent for the position.
(4) The nature of the specific duties of the particular position are so specialized and complex that
      it can only be performed by an individual with a degree or knowledge required to perform the
      duties is usually associated with a bachelor’s degree or higher

-  For alien to qualify for H1B status, the minimum requirement is bachelor degree or equivalent.
-  Employer sponsorship is required.
- The alien must be paid as much as any other worker in a similar job either with employer or in    the geographical areas, whichever is higher.
- The annual cap on new H1B petition approvals is 65,000 and has begun to be reached before    the end of fiscal year.
-  Maximum stay: 6 years with no further H or L status until 1-years absence from U.S.