H-1B Specialty Occupations Visa
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U.S. Citizen & Immigration Services (USCIS) has a set fee schedule for H-1B Visas. The following is the fee breakdown for filing, and our attorney fees:
- H-1B USCIS Fee: $650;
- Attorney Fee: $4,000
The H-1B Visa category applies for those individuals who want to perform services in a specialty occupation.
For an H-1B Specialty Occupation Visa, there are various requirements for both the applicant and the employer.
As an applicant, in order to qualify to accept a job offer in a specialty occupation, you must meet one of the following:
Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university;
- Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation;
- Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state where you’ll be employed;
- Have education, training, or experience in the specialty that is equivalent to the completion of a degree, and have recognition of expertise in the specialty area.
The job you’ll be accepting must meet one of the following criteria in order to qualify as a specialty occupation:
- Require a bachelor’s or higher degree or its equivalent;
- The degree requirement for the job is common in the industry, or the job is so complex/unique that it can only be performed by an individual with a degree;
- The employer normally requires a degree or its equivalent for the position;
- The specific duties are so specialized and complex that the knowledge needed to perform usually requires a bachelor’s or higher degree.
Additionally, your prospective employer will need to file a Labor Condition Application in order to receive Labor Certification.
Period of Stay
If you obtain an H-1B Visa, you may be admitted for a period of up to three years. You may extend your time period, but generally you cannot extend beyond a total of six years, though some exceptions apply.
The H-1B Visa does have an annual numerical limit “cap” of 65,000 visas for each fiscal year. Therefore, it is important to call us as soon as possible to help you with filing and meeting all the requirements.
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