Posts Tagged ‘specialty occupation’
Update: H-1B Count 05/26/2011
As of May 26, 2011, the USCIS has received 13,100 H-1B regular cap petitions (of 65,000) and 9000 U.S. advanced degree petitions (of 20,000). An H-1B work visa is a temporary status for a professional holding a minimum of a Bachelor’s degree (or the equivalent in experience) in a specific specialty and working in a position that requires such degree (or experience). Please see prior posts for more details.
As you can see, there are plenty of H-1B numbers left. Please don’t hesitate to contact our San Francisco Immigration Law Office if you need assistance with an H-1B petition.
Tags: cap, H-1B, H-1B visa, quota, specialty occupation, USCIS
Posted in Alerts, H-1B, USCIS | Read More »
H-1B Count As Of 04/15/2011
The most recent H-1B count shows that only 7100 regular cap petitions (of 65,000) have been received at the USCIS and 5100 U.S. Master’s petitions (of 20,000).
H-1B status is a temporary work status for an individual with a Bachelor’s or higher degree (or equivalent experience) in a specific specialty who will be working in a professional position that requires that degree (or experience). Each year, there is a limited number of H-1B work visas available. As of 04/15/2011, there are many slots left.
Please contact our San Francisco Immigration Law Office if you need assistance with an H-1B petition.
Tags: cap, H-1B, quota, specialty occupation, U.S. Master's
Posted in Alerts, H-1B, Nonimmigrant Visas | Read More »
Fiscal Year Underway and H-1B’s Still Available
The USCIS reported October 1, 2010, that 40,600 (of 65,000) H-1B cap-subject petitions and 14,900 of (of 20,000) U.S. Master’s cap petitions have been received.
As mentioned in prior posts, the H-1B category is for individuals who wish to perform temporary work in the U.S. in positions that require a Bachelor’s or higher degree (i.e. in a specialty occupation). Each year, 65,000 slots are allotted for holders of Bachelor’s degree or the equivalent experience and 20,000 slots are allotted for U.S. Master’s degree holders (or higher), totaling 85,000 slots.
Please contact our San Francisco immigration law office if you’d like assistance filing an H-1B petition.
Tags: cap, H-1B, quota, specialty occupation
Posted in Alerts, H-1B, Nonimmigrant Visas, USCIS | Read More »
Is the position being offered to me an H-1B specialty occupation?
A specialty occupation is defined in the H-1B regulations as a position requiring the “theoretical and practical application of a body of highly specialized knowledge and attainment of a Bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the U.S.” To put it plainly, the position must require a Bachelor’s degree (or its equivalent) in a specific specialty relevant to the position duties. There are various standards the United States Citizenship and Immigration Services (USCIS) looks at when determining whether an H-1B position is a specialty occupation. The first is whether a Bachelor’s or higher degree (or its equivalent) is normally the minimum requirement for entry into the position (i.e. generally speaking across industries). The second is whether the degree requirement is common in the specific industry in parallel positions among similar organizations/companies (i.e. similar in size and type). The third is whether the specific H-1B employer normally requires a degree (or its equivalent) for the position. Lastly, the USCIS will review the nature of the specific duties and determine whether they are so specialized or complex that the knowledge required to perform the duties competently is usually associated with attainment of a degree (or its equivalent) in a specific specialty. An H-1B position will not be considered a specialty occupation based on the job title alone. The main focus for the USCIS is on the complexity of the duties. If you have any questions about the H-1B category and/or whether a position qualifies as a specialty occupation, please don’t hesitate to contact our office.
Tags: Bachelor's degree, H-1B, specialty occupation
Posted in FAQ H-1B, H-1B | Read More »
Is Self-Employment Permitted on an H-1B Visa?
The short answer is, no. However, you could (and many people have) establish a new company (or non-profit entity) that will hire you as an employee and sponsor you for an H-1B visa. The position must meet all of the normal H-1B requirements.
It must be in a ‘specialty occupation’; meaning an occupation that normally one cannot enter without possessing at least a university degree in the specialty, or in a related field. In addition, the company will have to pay you, the employee, a salary that meets the prevailing wage requirement. And yes, the company will need to pay payroll taxes on your salary. When an H-1B sponsor is a brand new company, you’ll want to demonstrate that it has sufficient capital to pay the proffered wage.
Additionally, it’s important to adequately explain to Immigration what the business model of the new entity is. Submitting a well-written business plan can help, as will evidence of revenue or contracts with customers. Lastly, although there is no regulatory requirement to have a physical office in the H-1B context, it is helpful to have at least part-time or virtual office space and to submit an office lease along with the other evidence in the petition.
Tags: H-1B, new office, prevailing wage, self-employment, specialty occupation, visa
Posted in FAQ H-1B, H-1B | Read More »
