H1B Specialty Occupation Visas

H1b specialty occupation

H1B Specialty Occupation visas are a popular choice for skilled migrant workers and U.S. employers alike. A foreign worker can be in H-1B status for a maximum continuous period of six (6) years.

The H-1B specialty occupation visa is a nonimmigrant (temporary) classification that applies to foreign nationals who have an offer from a US employer for a position that requires at least a bachelor’s degree in a specific field and theoretical and practical application of a body of highly specialized knowledge in order to perform the job duties.

Although H-1B specialty occupation visa is most commonly associated with sponsored IT job roles, and some of the most common professions among H1B visa holders include scientists, engineers, architects, IT/computer professionals, and system analysts, this visa route covers a wide range of industries and sectors. For example, healthcare workers, financial service professionals, teachers, technical publication writers, lawyers, journalists, editors, and other media-related jobs may qualify under the H-1B visa, depending on the specific circumstances.

Unless one of the exemptions applies, H-1B visas are subject to a cap and all cap applicants must be selected through the visa lottery before they will be allowed to apply for an H-1B visa. The H-1B cap lottery for fiscal year 2024 is expected to start in March 2023. Those who are not selected will need to wait until next cap season to apply, and the job will not be able to begin until FY 2025.

It is important to note that even if you are chosen in the H-1B visa lottery, it does not mean that you will be granted a visa. You must still go through the full application process, including labor certification. That is why it is important to seek the advice and guidance of an experienced immigration attorney.

If you are interested in applying for an H-1B cap or cap-exempt visa, contact the attorneys at The Scott Law Firm today!