H1-B Specialty Worker

An H-1B program is for foreign workers who will perform services in specialty occupations. A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge to perform the occupation and requires the attainment of a bachelor’s or higher degree in a specific field, or its equivalent, as a minimum for entry into the occupation. An H-1B petitioner must be a United States employer. The petition must establish that an H-1B worker will perform specialty occupation work, and that the H-1B worker possesses baccalaureate or higher degree, or its equivalent, that relates to the occupation.

New H-1B petitions are subject to congressionally mandated annual numerical limitation (“H-1B cap”). Currently, the H-1B cap is at 65,000 per fiscal year. Of the 65,000, 1,400 are set aside for nationals of Chile and 5,400 for Singapore. An additional 20,000 are available to H-1B beneficiaries who graduated with a master’s degree or higher from a U.S. institution or higher education. The H-1B fiscal year begins on October 1, with the filing period that begins on April 1. For example, the 2014 H-1B fiscal year began on October 1, 2013, with the filing period that began on April 1, 2013. Not all new H-1B petitions are subject to the H-1B cap. New H-1B petitions are exempt from the annual cap if the H-1B workers will work at institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations or governmental research organizations. H-1B petitions filed for H-1B workers who have been counted against the cap also do not count toward the H-1B cap.

H-1B program allows specialty occupation workers to be employed for a total of six years. Employer can request for an employment period of up to three years in each H-1B petition. Extending the H-1B employment beyond the 6-year limit is possible if certain conditions are met. H-1B employment can also be part-time. H-1B workers may also work for multiple employers, as long as each employment is authorized.

The Law Office of Jing Yeophantong, PLLC presents this information as a service to members of the general public. Use of this information does not constitute, in any manner, an attorney-client relationship between The Law Office of Jing Yeophantong, PLLC and the user. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularized advice of your own counsel. Anyone seeking specific legal advice or assistance should retain an attorney.

The information is provided as is without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Testimonials

“Our company hired Jing last year after meeting with her for the first time. Right away we felt comfortable and confident that our company would be in good hands with Jing as our immigration attorney. She gave very clear instructions and the process was smooth. She always answers emails and phone calls. Now we already have our case approved. I highly recommend Jing for your legal needs.”

CTM, Fairfax, VA

“I was greatly impressed by the efficiency of Attorney Jing. She handled my case in a professional, honest manner. She stayed in touch and communicated with me and my employer to keep us informed of how things were progressing. She is a very knowledgeable attorney, which is important as immigration laws are constantly changing. I highly recommend Jing to anyone looking for an immigration attorney.”

P. Hasegawa, Peoria, AZ

“Even though it has been a few weeks I’m still finding it hard to believe that I actually have my Green Card. There were definitely times in the last few years when I thought it was never going to happen. Words cannot really describe how relieved I am to be successfully DONE with this process. I feel lighter every day and so much less stressed about my future. Thank you for everything. I will be forever grateful.”

Alex, Harrisonburg, VA

“I would definitely recommend Jing for assistance regarding personal immigration matters. When I first met with her, I could tell right away that she is very knowledgeable and experienced, which made me feel I would be comfortable working with her. Throughout the entire process, she was incredibly helpful by answering questions I had and was easy to get in touch with when I needed her. With her attention to detail and familiarity with the immigration process, I felt more than prepared for my interview. The immigration procedure can be complex and confusing. With Jing assisting me, I always felt confident that I would be successful. She made a scary process very simple and comfortable for me. Thank you, Jing, for the the help and support you provided to get me through this.”

N. Bakondi, Vienna, VA

“I first met with Jing when my wife’s case was with another lawyer. We went to her for a second opinion. And after that she became a lawyer on my case. Time and time again, Jing has shown me that she is very detailed-oriented, has strong knowledge, and always keeps up-to-date with the laws. I have learned from my wife’s case that one little change in regulation can change your case from black to white. My wife’s lawyer did not do a good job with keeping himself updated with the laws, and he almost ruined our lives. Thanks to Jing, she not only helped my wife’s case but also helped another client of my wife’s lawyer. I still remember how excited my wife’s lawyer was when he called another client of his (right in front of me) to tell that person he won’t have to leave the country because the law has changed. The most important thing which I like the most about Jing is her HONESTY. Many immigration lawyers say yes to give you a day dream so they can make money from you while trying not to mention unhappy facts to you. Jing is different. She will tell you upfront what you will have to face and what you have to live with, both the bright side and the dark side. She has proven to me that I can trust her. Therefore, I believe her when she ends all emails with “Your truly”.”

Peter T., Sterling, VA

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