Specialty Workers

H-1B status may be granted on application to USCIS (the former INS) to temporary employees who have attained at least a Bachelors degree or its equivalent, who are to perform services in a specialty occupation (one that requires the theoretical and practical application of a body of highly specialized knowledge). The position offered must be professional.The attainment of a Bachelors or higher degree or its equivalent must be a minimum requirement for entry in the occupation in the United States.

A person can be determined to have the equivalent of a degree based on job experience in the same area as the offered position.This can be established by obtaining an education evaluation.

H-1B status is granted in increments of a maximum of three (3) years. A person can hold H-1B status for a total of six (6) years.

The following is a list of some important facts about H-1B status:

• The H-1B classification is employer specific, meaning the work authorization is limited to work for the petitioning employer.
• If an employee wants to change employers, the prospective employer must file a new H-1B application with USCIS.
• If an employee wishes to work for multiple employers at the same time, he or she must have an approval for each employer
• H-1B employment is location specific. If there is any change in the employees job location, an amended application should be filed with USCIS.
• If an H-1B employee is terminated, the employer is required to pay the individuals return transportation costs if s/he is terminatedprior to the employees H-1B expiration date.
• An H-1B employee is entitled to have dual intent, which means he or she is able to maintain the H-1 status as a temporary workerwhile at the same time applying for permanent residence, sometimes known filing for a "Green Card".
• The spouse and unmarried children under twenty-one (21) of a person in H-1B status are entitled to apply to enter the United States as derivatives of the primary employee, in H-4 classification. Although s/he can reside in the United States, a person in H-4 status cannot work while in the United States.