Professional Worker in a Specialty Occupation

For the H-1B visa category, the employer must offer a professional job that is considered a “specialty occupation” and necessitates the foreign national employee to hold a university-level degree in a specific field, such as engineering, computer science, chemistry, economics, or architecture. The H-1B status is initially granted for three years, and it can be extended for an additional three years, allowing the foreign national employee to stay in the United States for a maximum of six years.

However, the United States imposes a limit on the number of new H-1B visas granted each fiscal year and conducts a lottery selection process, causing uncertainty for employers. Some organizations are exempt from this cap and frequently use this visa classification to build a professional workforce. These include universities, nonprofit organizations affiliated with universities, and nonprofit or government research organizations.

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