The H-1B/H1B1 visa applies to people who wish to perform services in a specialty occupation, such as services relating to the Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished ability.

Here is United States Citizen and Immigration Service Eligibility Criteria:

The job must meet one of the following criteria to qualify as a specialty occupation:

  • Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
  • 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.

For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:

  • Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university
  • Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
  • Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
  • Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

Frequently Asked Questions

1. What is the H-1B/H1B1 Visa?

The H-1B/H1B1 visa is designed for individuals who wish to perform services in a specialty occupation in the U.S. This can include roles related to the Department of Defense (DOD) cooperative research and development projects or services as a distinguished fashion model.

2. How is a "Specialty Occupation" Defined for the H-1B Visa?

A specialty occupation is one that typically requires a bachelor’s or higher degree for entry. The role should be so specialized and complex that the knowledge needed usually aligns with the attainment of a bachelor’s or higher degree.

3. Can Foreign Degrees Be Considered for H-1B Visa Eligibility?

Yes, if you hold a foreign degree, it must be equivalent to a U.S. bachelor’s or higher degree in the specialty occupation to be considered for H-1B visa eligibility.

4. What if I Don't Have a Degree But Have Experience in the Specialty Occupation?

If you don’t possess a degree, you can still qualify if you have education, training, or progressively responsible experience in the specialty that equates to the completion of a degree. Additionally, recognition of expertise through progressively responsible positions related to the specialty can also be considered.

5. Are There Any Annual Limits or Caps on the Issuance of H-1B Visas?

Yes, there is an annual cap on the number of H-1B visas issued each fiscal year. However, certain exemptions exist, such as for individuals employed at institutions of higher education or related entities.