H-1B Professional Worker Visa

To qualify for an H1-B visa, foreign nationals must be hired by a U.S. employer to fulfill a "specialty occupation." A specialty occupation is a position that requires a minimum of a bachelor's degree, or equivalent, to perform the duties of the position. The foreign national must hold at least a bachelor's degree in the relevant field, or the equivalent based upon formal education, training and experience. The rule of thumb for equivalency is that for every year missing from the completion of a bachelor's degree, three years of related work experience is required.

Specialty Occupations generally include positions in Accounting, Architecture, Arts, Business Specialties, Education, Engineering, Law, Mathematics, Medicine and Health, Physical Sciences, Social Sciences, and Theology, or any area of study at major universities where a bachelor's degree program if offered.

A U.S. employer who temporarily needs the services of a foreign national for a professional position must demonstrate that both the job requirements and the foreign national's credentials are "professional" in nature. The employer must also meet Department of Labor (DOL) requirements and petition U.S. Immigration for permission to employ the foreign national.

For more information about the H-1B, click here.