H1B Specialty Occupations

Applicants for H1B visas are not required to demonstrate that they intend to return to their home country – the doctrine of “dual intent” applies. An H1B visa, based on an employer petition, is originally granted for a period of up to three years and can be extended for a total of six years. An immigrant petition can be filed on the worker’s behalf while he is in H1B status. His H1B status will continue to be valid while a timely-filed Immigrant Petition for Alien Worker (I-140) is pending. Once the petition is approved, the worker can adjust to immigrant status without having to leave the United States.

Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors, nurses, and college professors. The current annual limit on H-1B visas is 65,000. However, those seeking employment at Colleges, Universities, and other institutes of higher learning and related nonprofit or governmental research organizations are exempt from this limit. An additional 20,000 new H-1B visas are available for workers with a Master's or higher degree from a U.S. academic institution.