H1-b Visa For Foreign Professional Worker with University Degree

What is an H1B Visa ?

When employers want to recruit and hire international professionals and international students to come and work for them in the United States for a specified period of time, the H1B visa is the primary method used. This program allows international professionals and students to come and work in the United States for up to a total of six years (generally, this is offered as an initial three year period followed by up to three years of extensions). The H1B visa is considered a “dual intent” visa, meaning it will not be denied simply because the applicant has the desire to become a permanent resident. In other words, the expectation is that, if the H1B visa holder decides to apply for permanent residency and that petition is denied for some reason, the nonimmigrant would return to his or her home country. This is unlike the TN or E1/E2 visas.

In order to meet the requirements of an H1B visa, the employer must be offering a position in a specialty occupation as identified, the employee must have the appropriate credentials for the position being offered, the employee must pay the prevailing wage for the job, and it must be shown that the employment of a foreign worker is not making conditions worse for US workers.

The categories of occupations which typically qualify for the H1B visa are as follows: Scientific Research, IT, Management, Computing, Business, Finance, Telecommunications, Accounting, Networking, Banking, Lawyers/Other Legal Professions, Marketing, Health Care/Medicine, Advertising, Teaching, Public Relations, Engineering, Recruiting and Sales.

As an H1B visa holder, the employer may offer a job that will last less than three years, the employee ,ay work part-time and the employee may work for more than one US employer simultaneously as long as all of the positions qualify for the H1B visa.

Family members of the H1B visa holder may live in the US as well, but cannot be a paid employee while present in the US on an H4 visa unless they receive their own employment visa.

The H1B Cap – quota of available H1B visas each year

Each year, the US Congress sets the number of H1B visas that can be issued that year. Currently, the quota is set at 65,000, but there are an additional 20,000 H1B visas available to international students who graduate from a US university with an MBA degree or higher.

This quota does not include or affect the following: 1) current H1B holders who are transferring their visa to a new employer or to a new sponsor (there are exceptions wherein the quota does apply), 2) new applications for an H1B visa with non-profit organizations, institutes of higher education, or government research organizations

H1b Specialty Occupation List for positions that qualify for H1b

Below is a list of all the ‘Specialty Jobs / Occupations’ that qualify for the H1B visa program (they are Not listed in any specific preference or order)

Occupations In Architecture, Engineering, And Surveying
Architectural Occupations,
Aeronautical Engineering Occupations,
Electrical/Electronics Engineering Occupations,
Civil Engineering Occupations,
Ceramic Engineering Occupations,
Mechanical Engineering Occupations,
Chemical Engineering Occupations,
Mining And Petroleum Engineering Occupations,
Metallurgy And Metallurgical Engineering Occupations,
Industrial Engineering Occupations,
Agricultural Engineering Occupations,
Marine Engineering Occupations,
Nuclear Engineering Occupations,
Drafters,
Surveying/ Cartographic Occupations,
Other Occupations In Architecture, Engineering, And Surveying.
Occupations In Mathematics And Physical Sciences
Occupations In Mathematics,
Occupations In Astronomy,
Occupations In Chemistry,
Occupations In Physics,
Occupations In Geology,
Occupations In Meteorology,
Other Occupations In Mathematics And Physical Sciences
Computer Science & IT, and Telecom Occupations
Occupations In Systems Analysis And Programming,
Occupations In Data Communications And Networks,
Occupations In Computer System User Support,
Occupations In Computer System Technical Support,
Other Computer-Related Occupations
Occupations In Life Sciences
Occupations In Agricultural Sciences,
Occupations In Biological Sciences,
Occupations In Psychology,
Other Occupations In Life Sciences
Occupations In Medicine And Health
Physicians And Surgeons,
Osteopaths,
Dentists,
Veterinarians,
Pharmacists,
Registered Nurses,
Therapists,
Dieticians,
Occupations In Medical And Dental Technology,
Other Occupations In Medicine And Health
Occupations In Education & Research
Occupations In College And University Education,
Occupations In Secondary School Education,
Occupations In Preschool, Primary School, And Kindergarten Education,
Occupations In Education Of Persons With Disabilities,
Home Economists And Farm Advisers,
Occupations In Vocational Education,
Other Occupations In Education
Occupations in Writing and Languages
Writers,
Editors: Publication, Broadcast, And Script,
Other Occupations In Writing
Occupations in Finance and Administrative Specializations
Accountants, Auditors, And Related Occupations,
Budget And Management Systems Analysis Occupations,
Purchasing Management Occupations,
Sales And Distribution Management Occupations,
Advertising Management Occupations,
Public Relations Management Occupations,
Personnel Administration Occupations,
Inspectors And Investigators, Managerial And Public Service,
Other Administrative Occupations
Occupations in Business Management & Administration
Agriculture, Forestry And Fishing Industry Managers And Officials,
Mining Industry Managers And Officials,
Construction Industry Managers And Officials,
Manufacturing Industry Managers And Officials,
Transportation, Communication, And Utilities Industry Managers And Officials,
Wholesale And Retail Trade Managers And Officials,
Finance, Insurance, And Real Estate Managers And Officials
Service Industry Managers And Officials,
Public Administration Managers And Officials,
Miscellaneous Managers And Officials
OTHER Specialty Occupations as listed below
Occupations In Economics,
Occupations In Political Science,
Occupations In History,
Occupations In Sociology,
Occupations In Anthropology,
Other Occupations In Social Sciences,
Librarians,
Archivists,
Museum Curators And Related Occupations,
Other Occupations In Museum, Library, And Archival Sciences,
Lawyers,
Judges,
Other Occupations In Law And Jurisprudence,
Clergy,
Other Occupations In Religion And Theology,
Commercial Artists: Designers And Illustrators, Graphic Arts,
Environmental, Product, And Related Designers,
Other Occupations In Art,
Occupations In Music,
Other Occupations In Entertainment And Recreation,
Occupations In Social And Welfare Work,
Miscellaneous Professional, Technical, And Managerial Occupations, Sales Promotion Occupations,
Fashion Models

Immigration Lawyer Assistance with H1b visa processing

If you wish to file an H1b visa petition for your employee or if you are a foreign worker filing for an H-1b visa, please contact immigration attorney direct line (949)228-3922 or email me at attorney@lawofficesofjackcsung.comto receive a free consultation with immigration attorney.  Office hours are Monday to Saturday from 9:00AM to 9:00PM, and email consultation are open 24 hours a day, 7 days a week.  Immigration law office located at 2975 Wilshire Blvd. Suite 352 in Los Angeles, California.  Free immigration consultation and advice within 24 hours guaranteed.