H-1B Specialty Occupation Status
This category is for individuals seeking to enter the United States for the purpose of employment in a specialty occupation or as a fashion model of distinguished merit and ability. In order to qualify for this category, the individual must be entering the United States temporarily to provide services in a “specialty occupation” to a U.S. employer. A “specialty occupation” requires completion of a specific course of education (usually a bachelor’s degree or higher). In addition, the position must be paid the appropriate wage, which is determined by the Department of Labour. Testimony that the appropriate wage will be paid is submitted to and approved by the Department of Labour prior to submission of the H-1B petition. This testimony is a critical part of the H-1B process. H-1B status is granted for up to three years per petition, with renewals permitted. An individual is permitted a total of six years in H-1B status, after which the individual must stay outside the U.S. for at least a full year to be eligible for another six years of H-1B status. Exceptions do apply when petitions for permanent residence are underway.
For further details about the H-1B process, please contact us for a consultation.