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Richmond H-1B Specialty Occupation Visa Attorney

Experienced Employment-Based Visa Lawyers Serving Virginia

The H-1B specialty occupation visa is intended for individuals who work in positions that require an advanced educational degree such as a master's degree, a doctorate, or an equivalent degree or accreditation. In addition, certain other individuals may be eligible for this type of business visa, including people who are engaged in government-to-government research and development or who are involved in certain types of projects through the United States Department of Defense. The H-1B visa is also provided for fashion models who have achieved a level of distinguished merit and ability in the field.

Who is Eligible for H-1B Visa?

To be eligible for an H-1B specialty occupations visa there are requirements for the occupation as well as the applicant.

The applicant must meet 1 of the following:

  • Have a bachelor’s degree or higher as required by the position from an accredited college or university
  • Have a foreign degree that is equivalent to a bachelor’s degree or higher from the U.S. as required by the position
  • Have certification or unrestricted state license that authorizes the applicant to engage in work that is required by the specialty occupation.

If the applicant does not have a bachelor’s or master’s degree, they may qualify if they have at least 12 years of specialized experience.

The requirements for the employer:

  • The position requires the application of specific, highly specialized knowledge.
  • The occupation requires a minimum of attainment of a bachelor’s degree or higher for entry to the U.S.

The specialty occupation itself must also meet 1 of the following:

  • The minimum degree required for the position is a bachelor’s degree or higher, or an equivalent.
  • The required degree is a standard requirement that is common in that industry or the job is so complex that only a person with a specific degree can do it.
  • The employer typically requires a degree or the equivalent of it for the position.
  • The duties are so specialized and complex that the knowledge needed in order to do the job is associated with the attainment of a bachelor’s degree or higher.

Nonimmigrant Visa for Specialty Occupation Workers

The H-1B visa is a nonimmigrant visa; it is not for individuals who are coming to the U.S. for the purposes of taking up permanent residence with a green card and pursuing the path to naturalization and citizenship. Instead, it is only valid for a limited period of time. Before an individual may apply for a specialty occupation visa, he or she must be the subject of an approved Form I-129, Petition for a Nonimmigrant Worker, which has been filed by an employer who is sponsoring the application and is offering a work position to the prospective visa holder. Prior to filing the Form I-129, the employer must obtain a labor certification from the Department of Labor by demonstrating that the position cannot reasonably be filled by hiring someone out of the local labor pool.

Immigration Lawyers in Virginia, Washington, DC and North Carolina

At Fayad Law, P.C., we understand the importance of being able to carry out the entire process of applying for an H-1B visa with a minimum of difficulty and delay, and our Fairfax, Virginia immigration lawyers are prepared to work tirelessly to assist you. With more than 20 years of combined experience, we are capable of addressing any complications that might arise along the way and we will do everything we can to ensure that you or your future employee receive the H-1B visa as soon as possible.

Our goal is to help you and your business, so contact our firm today!

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