An H-1B visa is the most common way for U.S. employers to obtain temporary employment authorization for foreign professional or “specialty occupation” workers. The Immigration and Nationality Act (INA) defines a “specialty occupation” as one that requires the “theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor’s degree or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the U.S. This means that a qualifying H-1B occupation is one that ordinarily requires a bachelor’s degree or the equivalent experience and that the prospective H-1B hire must possess the degree or experience ordinarily required for the job.
Obviously, positions such as architects, engineers, and certified public accountants qualify for the professional worker visa, H-1B visa, as they always require a 4 year bachelor’s, or even graduate degree. Occupations such as restaurant managers, dance instructors, and so forth, may or may not qualify as specialty occupations depending on the precise job functions and substantive knowledge necessary to perform the duties of the position.
Learn more about the H-1B Visas - Professional Worker Visas in our H-1B Visa FAQs page.
Surowitz Immigration, P.C.’s H-1B visa attorneys have an accomplished history of favorable results in obtaining H-1B visas for our clients. If you have questions about obtaining a H-1B visa or would like more information, contact us today.
