H1B visas

Overview

Professional Worker's Visa

The H1B status is for overseas workers who will work as members of specialty occupations. A specialty occupation is defined as one which "requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation AND which requires the attainment of a bachelor's degree or higher in a specific specialty as a minimum for entry into the occupation in the United States."

BASIC REQUIREMENTS

There are two major requirements:

• The employer must offer a position which requires the services  someone in a specialty occupation or a professional worker
• The  professional worker must have the required (normally) four year degree related to the position on offer or its equivalent in terms of experience, in a field closely related to the position.
• To determine whether 'experience' equates to a degree requirement the 'three year to one year' rule is applied, that is three years of experience will replace one year of academic study for a degree. therefore, if an employee has no years of college education, twelve year of professional experience will be required.
  
  The requirement for a person in a specialty occupation can be demonstrated  by establishing one of the following:
  
  (i) a bachelors  degree is normally the minimum requirement for entry into the position on offer;
  
  (ii) the degree requirement is an industry wide standard, or the position is so complex or unique that it can be performed only by an individual with a degree;
  
  (iii) the employer itself can establish that they normally require a degree for the position; or
  
  (iv) the nature of the duties are so specialized and complex that knowledge required to perform them is usually obtained through a bachelors level or higher education.

 H1B Status-Duration of Stay

Normally, the maximum duration of stay in H status is six years. After six years in H-1b status the person must leave the US for at least a year before they are able to re-enter in H1 status.

There are certain exceptions to the six year maximum. For example, if the  work in the U.S. is  intermittent or seasonal  or if he spends six months or less per year in the country, then the six year maximum does not apply.  The holder is also permitted to apply for one-year  extensions of H1B status if he has remained in status and has had a labor certification or I-140 pending for 365 days or more prior to the expiration of the six year maximum.