Definition. H-1B specialty worker visa petitions are filed by U.S. employers with the U.S. Citizenship & Immigration Services (USCIS) for professionals (with bachelor or higher degree in specific occupational specialty) to perform services in that specialty occupation.

An H-1B worker must satisfy the specialty occupation defined by 8 CFR 214.2:
Specialty Occupation means an occupation that requires:
(1) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
(2) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
(3) The employer normally requires a degree or its equivalent for the position; or
(4) The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.

Term. Initially 3 years; extensions can be granted for up to a total of 6 years, H-1B visa holders are eligible to apply for a one-year extension of H-1B status pursuant to the American Competitiveness in the 21st Century Act of 2000 (Pub.L.106-313). Under this legislation, as long as 365 days have elapsed since the filing of a labor certification application or an immigrant visa petition, H-1B status can be extended in one-year increments beyond the six-year limit until a final decision is made on the pending application or petition. Pursuant to the Section 104(c) of American Competitiveness in the 21st Century Act of 2000, aliens are eligible to have their H-1B status extended for a period of up to three years beyond the six-year limit provided an alien is the beneficiary of an approved I-140 petition and there is immigration visa backlog which prevent the alien from adjustment of his status.

Full Time/Part Time. There is no requirement that the position be full time. H-1B visa is available for part-time employment. Concurrent employment of the same specialty worker by multiple employers is also allowed.

Bookmark and Share This is only a legal opinion and not legal advice or service. Please contact attorney for legal advice or service.

Leave a Reply

You must be logged in to post a comment.

(Please note that this is not a message form for our lawyers. Please use this contact form if you do want to contact our lawyer).
(请注意本回应表不是发给孟律师的留言。请使用this contact form来联系孟律师。)
Contact Info

Law Office of Jessica Y. Meng
Silicon Valley Address:
4677 Old Ironsides Dr. Suite 350
Santa Clara, CA 95054
Tel: 408-986-9202
Fax: 408-986-9206
or Email Us for quicker response.

Beijing Address:
5th Floor, Guohua Plaza, 3 South Dongzhimen Ave., Beijing, China 100007
Telephone: 8610-5813-7536
Contact person: Tingting Fu

Language Switch 中英轉換