WORK VISAS TO THE UNITED STATES

SPECIALTY OCCUPATION VISA TO THE UNITED STATES

Persons abroad may enter the United States to work on a temporary basis in a specialty occupation. A "specialty occupation" is an occupation that requires university level education and highly specialized knowledge and experience in a specific field, such as architecture, engineering, mathematics, physical sciences, medicine, health, education, business specialties, accounting, law, theology and the arts. Fashion models of distinguished merit and ability may also qualify for a Specialty Occupation Visa.

The government allows up to 65,000 applicants to receive initial H-1B status during each government fiscal year, running from October 1 to September 30. In addition, persons from Chile and Singapore, recently returning workers and persons with advanced degrees from a US university are not subject this quota.

SPECIALTY OCCUPATION VISA (H-1B) BASIC REQUIREMENTS

The Specialty Occupation Visa requires the applicant to obtain an initial H-1B Visa prior to their entry. They must also show that the purpose of their temporary stay is for employment related to their field of study. Basic requirements include that the applicant is currently employed or has a job offer from an employer in the US. The job itself must be a specialty occupation and require at least a Bachelor degree-level qualification or equivalent experience. The applicant may also be required to meet certain health and character requirements.

SPECIALTY OCCUPATION VISA (H-1B) ENTITLEMENTS

Specialty Occupation Visas are granted for an initial period of 3 years stay in the United States. Thereafter, extensions are granted in 3-year increments, with the maximum authorized period of stay to 6 years with some exceptions. Applicants under this category can also have dual intent, meaning the applicant can maintain H-1B visa status while applying for a US Green Card to remain in the US permanently.

Spouses and unmarried children under 21 years of age, who wish to visit, accompany or join the visa holder in the United States, may apply for the applicable visa to join their spouse or parent. Accompanying spouses and children of visa holders may study in private or public schools in the United States without obtaining a Study Visa. Spouses under this category are not eligible to work in the United States.