Specialty Occupation Visa
Employment in specialty occupations requiring at least a bachelor's degree.
Official Reference: USCIS.gov β
1What Is This Visa?
The H-1B visa is a non-immigrant visa that allows US employers to temporarily employ foreign workers in specialty occupations. A specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and at least a bachelor's degree (or equivalent) in the specific specialty. The H-1B is subject to an annual cap with a lottery system, though cap-exempt employers exist.
2Who Is This Visa For?
- βEngineers, software developers, and IT professionals
- βScientists and researchers
- βAccountants, financial analysts, and business specialists
- βArchitects and designers with specialized degrees
- βHealthcare professionals (physicians, therapists with appropriate credentials)
- βUniversity professors and academic researchers
3What This Visa Does NOT Allow
- βSelf-employment or freelance work without proper corporate structure
- βWorking for any employer other than the H-1B sponsor
- βChanging employers without filing a new H-1B petition
- βWorking in a position that doesn't match the approved petition
- βRemaining in the US without valid status after employment ends
4Common Mistakes & Risks
- !Not understanding the H-1B lottery timeline and registration requirements
- !Starting work before receiving approval notice (unless using cap-gap or portability)
- !Failing to maintain specialty occupation requirements throughout employment
- !Not timely filing extensions before current H-1B period expires
- !Assuming H-1B automatically leads to permanent residence
5Does This Lead to a Green Card?
H-1B holders are explicitly allowed "dual intent," meaning they can pursue permanent residence while maintaining H-1B status. Employer-sponsored green cards through PERM labor certification are the most common pathway. H-1B can be extended beyond 6 years while a green card is pending.
6Strategic Notes
The H-1B remains the primary work visa for professional occupations but faces significant demand exceeding supply. The lottery system means selection is not guaranteed regardless of qualifications. Multiple employers can register the same individual, and universities/research institutions are cap-exempt. Processing times and premium processing availability vary.
7Legal Notice
This content provides general legal information only and does not constitute immigration advice. Immigration law is complex, changes frequently, and individual circumstances vary significantly. The information presented is referenced from official U.S. government sources but should not be relied upon for individual decision-making. Consult a licensed immigration attorney for guidance specific to your situation.
Other Visa Categories
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At this stage, the following documents are typically required:
- β’ Service Agreement
- β’ NDA (Non-Disclosure Agreement)
- β’ Independent Contractor Agreement