H1-B Professional Working Visas 

The law defines a specialty occupation as an occupation that requires:

• Theoretical and practical application of a body of highly specialized knowledge;
• Attainment of a Bachelors or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States;
• In addition, changes in the law require that the H-1B and all similarly employed U.S. workers of the employer, at the place of employment, be paid the prevailing wage for that occupation;
• An alien admitted to the United States in H-1B status for the period of time required by the employer, up to a maximum initial period of stay of three (3) years is permissible. Extensions of stay up to a maximum of three (3) additional years are permissible for a total period of admission of six (6) years;
• Prior to the filing of an H-1B petition, the employer must have approval by the Department of Labor of a labor condition application. This is a fairly easy matter and only involves one form which requests that the Department of Labor testify whether there has been any walk-outs or strikes as well as lock-outs by the employer with regard to its employees. You do have to however, obtain a prevailing wage survey or study from the local state employment office which gives the prevailing wage for the position based upon the corresponding education and experience for the position.

Some of the recognized professions by the USCIS are:

• Architecture, Engineering, Mathematics, Physical Sciences, Social Sciences, Medicine and Health, Education, Business Specialties, Accounting, Law, Theology and the Arts.
• The most important factors reviewed by the USCIS in order of importance are:
• Bachelors Degree or higher degree in a specific field is the entry level requirement;
• The degree requirement is accepted throughout the industry in parallel positions among similar companies;
• Absent such acceptance, the employer can show that the particular position is so complex that a degree is required;
• The employer's normal requirement for the position is a degree (i.e., other persons filling parallel positions hold degrees or the prior occupants of the positions held degrees);
• The complexity of the specific job duties is usually associated with attainment of a degree;
• The level of responsibility and authority involved in the position is usually associated with professional standing.