H-1B: Specialized Worker
What types of positions are typically specialty occupations?
Licensed professions, such as architects, engineers, medical doctors, lawyers, accountants, etc., qualify for an H-1B visa. Additionally, professions requiring STEM degrees, such as scientific research and positions in technology, engineering, mathematics, software development, or other highly technical fields also qualify.
If you or your employer have questions regarding whether your position will qualify for an H-1B visa, please schedule a consultation so we can evaluate whether the position meets the requirements above.
How many foreign nationals qualify for an H-1B visa?
Each year, U.S. employers can file a maximum of 65,000 first-time applications for foreign nationals holding bachelor’s degrees and 20,000 first-time applications for foreign nationals holding U.S. master’s degrees. The applicants are determined by a lottery system. This is known as the “H-1B Cap Season.”
A second avenue to obtain an H-1B visa is when an employer is cap-exempt, meaning applicant does not have to go through the numerical lottery and can apply at any time. Cap-exempt employers include institutions of higher education or its affiliated or related nonprofit entities, a nonprofit research organization, or a government research organization.
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