What is an H1-B visa?
The H-1B nonimmigrant visa may be granted to a non-U.S. resident who has been offered a professional-level position in the U.S. in a specialized field such as IT, finance, accounting, architecture, engineering, mathematics, science, medicine, etc.
To qualify for H-1B visa sponsorship, the position must require at least a Bachelor’s Degree, and the individual must possess at least a Bachelor’s Degree in a field related to the position.
If the hiring department posts a computer programmer position that requires a 2-year technical degree, this would not qualify for H1-B sponsorship although the prospective employee may have a Bachelor’s Degree).
What is Speciality Occupation in H1-B Visa Context?
H1-B visa is designed for employees in specialty occupations. The job must meet one of the following criteria to qualify as a specialty occupation:
- Have a minimum entry requirement of a Bachelor’s or higher degree or its equivalent.
- The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree.
- The employer normally requires a degree or its equivalent for the position.
- The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.