What is the Definition of a Specialty Occupation?
A specialty occupation for purposes of an H-1B visa is defined as an occupation which requires:
- Practical and theoretical application of a body of highly specialized knowledge;
- A bachelor's or higher degree or its equivalent in the specific specialty.
The occupation must meet one of the following criteria:
- A bachelor's degree or its equivalent is normally the minimum entry requirement for the job;
- A degree requirement is common to the industry, or the job is so unique or complex that it can only be performed by a person with a degree;
- The employer normally requires a degree or its equivalent for the job; or
- The specific duties of the job are so specialized that the knowledge to perform its duties are usually associated with a bachelor's or higher degree.
The applicant may have college degree equivalency in lieu of a degree, if he or she has 12 years or more of experience in the specialty field or a state license to practice where one is required.
What are Some Examples of H-1B "Specialty Occupations?"
Here are some of the most common examples of H-1B specialty occupations:
- Architects
- Engineers
- Lawyers
- Physicians
- Surgeons
- Teachers
How Long is an H-1B Visa Valid?
The visa is valid for up to 3 years and may be extended for another three years for a total of six years.
What is an H-2A Visa?
An H-2A visa is issued to temporary or seasonal agricultural workers where U.S. agricultural workers are unavailable.
What are the Requirements for an H-2A Visa?
A U.S. employer or an association of U.S. agricultural producers named as joint employers must file the petition. Before filing the petition the employer must first obtain a temporary labor certification from the U.S. Department of Labor..
How Long is an H-2A Visa Valid?
The validity of the visa depends on the period provided in the petition. Regardless, H-2A status may be held only for a total of up to three years..
What is an H-2B Visa?
H-2B visas are issued for non-agricultural positions which are seasonal, intermittent, created to meet a peak load need, or for one-time events. The U.S. employer must first demonstrate that there are no U.S. citizens or lawful permanent residents available for such work, and that employment of foreign workers in the particular position(s) will not adversely affect the wage and working conditions of similarly employed U.S. workers.
What are the Requirements for an H-2B Visa?
The petition is filed by a U.S. employer. The employer must first obtain a temporary labor certification from the U.S. Department of Labor. The job and the petitioning employer’s need for foreign workers must be temporary. The employer's need must be one of the following:
- Intermittent need: The employer must demonstrate that it has not employed full-time or permanent workers to perform the labor or services, but has an occasional or intermittent need for temporary workers to perform such services or labor for short periods of time.
- A one-time occurrence: The employer must demonstrate that it has not employed workers to perform the labor or services in the past and will not need such workers in the future; or that it has employment that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker.
- A peak load need: The employer must demonstrate that it regularly employs permanent workers to perform the labor or services, and that it needs to temporarily supplement its permanent staff due to a seasonal or short term demand. The employer must also show that the temporary positions will not become permanent.
- A seasonal need: The employer must show that the labor or services is traditionally related to a season of the year and is recurring. The employer must specify the periods of time during the year which it does not need the services or labor. The employment is not seasonal if the time when the work is not needed is unpredictable, subject to change or is a vacation period for regular employees.
How Long is an H-2B Visa Valid?
An H-2B visa is valid for the period approved on the temporary labor certification with the possibility of extensions of up to 12 months. There is a maximum time limit of three years.
Who Qualifies for an H-3 Visa?
H-3 visas are for individuals coming to the U.S. to receive training which is not available in their own country. This includes participants of special education exchange programs. Physicians seeking graduate medical education or training are ineligible for this visa.
What are the Requirements for an H-3 Visa?
In addition to other requirements, you must be invited to the U.S. by an individual or organization to receive training in any field other than graduate medical education or training.
- Training programs must meet these five basic requirements:
- The training will benefit you in pursuing a career outside the U.S.
- The training does not place you in a position that is part of the normal operation of the business and in which U.S. citizens and resident workers are typically employed.
- The training is not available in your own country.
- The training does not place you in productive employment unless it is incidental and necessary to the training.
How Long is the H-3 Visa Valid?
An H-3 visa is valid for the period required to complete the training up to two years. For participants of special education exchange programs the visa may be valid for a period of up to 18 months..
Who Qualifies for an H-4 Visa Classification?
The H-4 visa is for children and spouses of H-1B, H-2A, H-2B and H-3 visa holders. Application for the visa may be made while in the U.S. if you are in status, or through the U.S. consular office where you live. The consular officer may require additional documents to verify the purpose for obtaining the visa. The visa may be issued on the same day you apply in the form of a stamp in your passport.
What are the Requirements for an H-4 Visa?
An H-4 visa applicant must be an immediate family member of an H-1B, H-2A, H-2B, or H-3 visa holder. Immediate family members include your spouse and single children under the age of 21..
How Long is the H-4 Visa Valid?
An H-4 visa is valid for the same period as the H-1B, H-2A, H-2B and H-3 visa from which it is derived. Application may be made to extend the H-4 visa to correspond to extensions of the H-1B, H-2A, H-2B and H-3 visa.
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