Professionals in specialty occupations – H1-B

This category is open to people coming to the United States to work temporarily in specialty occupations, which require specialized knowledge and a college-level education or its experiential equivalent.

The applicant should be in a specialty occupation, which is an occupation that arguably requires a specific course of study at the university level, resulting in a four-year degree. There are many examples of such specialty occupations such as accountant, chiropractor, pharmacist and computer programmer as well as many others that are less obvious. If the degree requirement is not met, it is possible to show equivalence to a degree, based on experience. A job offer is required and the compensation must meet the prevailing wage rate at the workplace and in the geographical vicinity of the workplace. It is often difficult to show that certain business management positions meet the definition of a specialty occupation.

The H-1B category allows for an initial three-year period, to be renewed for an additional three years. Many individuals commence permanent residence applications during their H-1B status. There is a numerical quota which is set each fiscal year and is subject to change.

Applications are to be filed with a BCIS Regional Service Center depending upon the geographical location of employment. In addition, if you are not a Canadian citizen, a visa will subsequently be required from a Consulate or Embassy.

We have helped a large number of clients by reviewing requirements, in a step-by-step methodical manner, and ultimately preparing petition materials and submitting them to the Regional Service Center. We also respond to any follow-up requests by BCIS Regional Service Centers and advise clients on procedures at the port-of-entry or at a U.S. Consulate, subsequent to petition approval.

Speak to an immigration professional at Mamann, Sandaluk & Kingwell LLP about your US business immigration needs, and they can help you develop a customized immigration strategy tailored for your specific circumstances and US visa needs.

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