Minnesota H1B Visa Specialty Occupation Attorney

H-1B Specialty Occupation Visa

An H-1B visa is a type of non-immigrant work visa that applies to non-united states citizens who wish to perform services in a specialty occupation.  In order for a job to qualify as a specialty occupation, it must meet one of the following:

  • Bachelor’s degree or above (or its equivalent)
  • The degree requirement is common to the industry or the job is so complicated or unique that it can be performed only by an individual with a degree
  • The employer normally requires a degree or its equivalent for the position
  • The nature of the specific duties is so specialized and complicated that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s degree or above.

A specialty occupation is an occupation in which requires a highly specialized knowledge and no less than a bachelor’s degree in a related field.  Qualified occupations include business specialties, education, law, medicine, physical sciences, arts, social sciences, architecture, mathematics, and even theology.  In some circumstances, work-related experience that is well documented may be deemed acceptable in place of a bachelor’s degree.

Whatever your circumstances may be, the H-1B visa does require that a United States employer sponsor you before you can even be considered to apply for an H-1B stamp, a document in which allows you to travel to and from the United States pending the approval of your application for H-1B status.  In order for you to obtain H-1B status, your employer or sponsor is required to:

  • File a labor condition application with the Department of Labor affirming criteria that includes payment of wages for the position being offered as well as what the working conditions will be.
  • File an I-129 Petition with the US Citizenship and Immigration Services (USCIS)

Our immigration attorneys understand that there are many factors, rules, obligations, and regulations that need to be taken into consideration when applying for an H-1B work visa.  Let us help reduce the stress of this complex process.  We are ready to advise you and your sponsor fully understand the process and on how to obtain and file the paperwork you need accurately and efficiently.  To schedule a free consult, contact us at 952-361-5556 (or fill out the free case evaluation form below).

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