The H-1B visa category is available for individuals employed in the United States in a "specialty occupation." A specialty occupation requires a bachelor's or higher degree in a specialized field of knowledge as a minimum for entry into the occupation. Specialty occupations include accounting, engineering, law, architecture, scientific research and many other types of jobs.

Eligibility Requirements

• The employer must extend a valid offer of employment;
• The employer must pay at least the same wage scale (the "prevailing wage") and provide the same working conditions as those existing for U.S. workers;
• The occupation requires a bachelor's or higher degree in a specialized field of knowledge as a minimum qualification; and,
• The foreign national must have the required degree, or its equivalent, in a subject closely related to the position.

Period of Stay

The H-1B is a temporary visa with specific limitations on periods of stay on the United States . The initial petition may be approved for up to three years. After the initial period, three or more years are available. The employer must update or refile the LCA and must file H-1B petition extensions. After six years, the worker must spend one year outside the United States before he or she is entitled to have another H-1B visa. Many workers on H-1B visas obtain permanent resident visas (the "Green Card") during their initial stays in the U.S.

What Does the Employer do?

1. The employer must have a US taxpayer identification number. Foreign businesses not established in the US cannot use this visa to bring employees here.
2. The employer must prepare and file a Labor Condition Application (LCA) with the Regional Office of the Department of Labor (DOL). The LCA is a form, which must be carefully prepared and posted in two conspicuous places at the work site. The form requires the employer to describe the position and the salary. The LCA also requires the employer to attest to complex facts concerning the wage, working conditions, labor conditions and the giving of notice.
3. Once the LCA is approved, the employer files a petition with the USCIS. The employer must document that the position requires the services of a person in a "specialty occupation." This means a person who is working in a professional position and who has a minimum of a bachelor's degree or its equivalent.

What does the Employee do?

1. The employee must prove that he or she is qualified for the specialty occupation and the specific job offered by the employer. The employee must be able to show that his or her foreign university degree is the equivalent to a US degree by obtaining credentials evaluations of his or her education. The study or degree of equivalency must be related to the job offer.
2. If the worker is in the US and currently holds a valid nonimmigrant visa status, he or she may apply in the US for the H-1B visa. For example, if he or she is in lawful student status (F-1) the worker may seek a change from F-1 to H-1B. This change only gives the person the ability to work in the US for the sponsoring employer. If the worker needs to travel abroad, he or she will need to apply for an H-1B visa at a U.S. Consulate. Workers not in lawful status in the U.S. or those residing abroad must apply for an H-1B visa at a U.S. Consulate.

Family Members

A spouse or unmarried child of a person with H-1B visa status may obtain an H-4 visa, and enter the United States . Individuals with H-4 visa status cannot work in the United States , but may attend school.

Terminations and Layoffs

If an H-1B worker is terminated or laid off before the end of the visa term, the employer may have to pay the cost of transporting the employee to his country of origin.

H-1B workers who lose their jobs must either find another employer to petition on their behalf, change to a different immigration status or return to their home country.