The US H-1B visa is a non-immigrant visa that allows US companies to employ graduate level workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in IT, finance, accounting, architecture, engineering, mathematics, science, medicine, etc. Any professional level job that usually requires you to have a bachelors degree or higher can come under the H-1B visa for specialty occupations. If you do not have a bachelors degree or higher you may be able to show degree equivalence through work experience and/or other qualifications.

Eligibility: employee qualifications

For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:

• Have completed a US bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university.
• Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation.
• Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment.
• Have education, training, or experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

Specialty occupations include:

• IT / Computer professionals
• University professors and teachers
• Engineers
• Healthcare workers
• Accountants
• Financial analysts
• Management consultants
• Lawyers
• Architects
• Nurses
• Physicians
• Surgeons
• Dentists
• Scientists
• Systems analysts
• Journalists and editors
• Foreign Law advisors
• Psychologists
• Technical publications writers
• Market research analysts
• Teachers in elementary or secondary schools, colleges

Length of stay

The H-1B visa is initially granted for up to three years, but may then be extended to a maximum of six years.

Even though the H-1B visa is a non-immigrant visa, it is one of the few US visa categories recognized as dual intent, meaning the H-1B visa holder can apply for and obtain a US Green Card while in the US on an H-1B visa. If you are still in the US on an H-1B visa and wish to remain in the US for more than six years, you can apply for permanent residency in the US to receive a Green Card. If you do not gain permanent residency prior to the expiration of your H-1B visa, then you must live outside the US for at least one year before reapplying for another H or L visa.

Family & Dependants

H-1B visa holders can bring their spouse and children under 21 years of age to the US under the H-4 Visa category as dependents. An H4 Visa holder is allowed to remain in the US as long as the H-1B visa holder remains in legal status. While, an H-4 visa holder is not eligible to work in the US unless able to come under a non, they may attend school, obtain a driver’s license and open a bank account while in the US.