Requirements for an H-1b Specialty Worker
H-1B specialty worker visa petitions are filed with U.S. Citizenship and Immigration Services (USCIS) by U.S. employers seeking the temporary services of persons whose work requires a bachelor's or higher degree in a "specialty occupation." Acceptable positions include most jobs in computer science, architecture, engineering, the sciences, medicine and health, education, business management, accounting and law. H-1B status usually is granted for three years and extensions can be obtained for up to six years; in certain circumstances, additional one-year extensions are available to employees who are being sponsored for U.S. permanent residence. However, an employer can request an H-1B visa for less than three years, and employment may be part-time or intermittent.
Our office will prepare the necessary petition forms and other supporting documentation, including drafting letters for the employer's approval. The basic information required for an H-1B petition includes the employer's IRS employer ID number, the total number of employees, the most recently reported net and gross annual income, a detailed description of the specialty worker's proposed job, and the specialty worker's salary and benefits. USCIS requires approximately sixty to ninety days from the date a petition is filed to adjudicate an H-1B petition. Employers may elect to pay an additional $1,000.00 filing fee to USCIS for "premium processing" which guarantees that a senior USCIS examiner will review the application within 15 days.
Persons in the United States who have always worked with authorization from USCIS and who have not otherwise violated their current immigration status can change their visa classification to H-1B in the United States. Persons who have violated the terms of their current immigration status and persons outside the United States must secure their H-1B visa abroad at a U.S. Consulate. Severe penalties may attach, including the applicant's inability to return to the U.S. for three years, if the applicant has overstayed their visa for more than 180 days.