H-1B visa, Specialty Occupations

H-1B visa | Immigration for Professionals  |  Denver CO Immigration Attorney

For millions of businesses and professionals throughout the world, America is still a place with significant opportunity. In fact, many businesses that operate in the United States are doing so well that they need to hire more professionals than can be found locally. When this is the case, it can be mutually beneficial for non-US residents to seek a visa to come work in the US. For many of these professionals, the best option is the H-1B visa.

Requirements for the H-1B

There are several requirements that must be met in order to qualify for this type of visa. Before filling out any paperwork, it is best to make sure you are able to meet these qualifications.

  • Employer-Employee Relationship – The first requirement is that the person seeking the visa must be a direct employee of the US based employer. In some cases, people who are partial owners of the business may also qualify as long as you have a bachelor’s degree or higher, and the job you are taking typically requires an advanced degree.
  • Specialty Position – The job you are seeking must be considered within a “specialty occupation” which requires a degree. In addition, your degree must be directly related to the position you will be working in.
  • Positions with No Degree – In the vast majority of cases, you will need to have a bachelor’s or higher degree to qualify for this type of visa. In some cases, however, exceptions can be made based on the wage you will be earning. If the position you are filling normally requires a degree, and you will still be paid the typical wage, it may still be possible to get a visa approved.

As long as you meet all of these requirements, you can apply for the visa as soon as you are offered the position by your employer. In many cases, the employer can also help you to complete the proper paperwork, and even submit some portions on your behalf. Either way, they will be required to do a certain portion of it to confirm that you will be working for them while you are in the country.

A Simple Process

While the H-1B visa is one of the most straightforward types of visa, it is still important to make sure everything is handled properly to avoid delays or rejection. As long as you meet the requirements listed above you will normally just have to fill out the proper forms, and supply the requested evidence to get your approval. This process can still take several weeks or even months, so the sooner you start the process, the better.

There are 66,000 H-1B visas available every fiscal year but well over 100,000 people apply for this visa, making it one of the most popular immigration processes. Selection is first made by lottery then a review of the application to make certain the requirements are met.

Please contact us today if you’d like assistance in this area or additional information!

Swenson Law Office, PC

5161 E. Arapahoe Rd., Suite 120