H-1B Work Visa


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US Immigration Attorney - H-1B Visa Advice

Our United States Immigration Lawyers are experienced, ethical, and registered with AILA (American Immigration Lawyers Association), and they can assist clients in our offices in Brisbane, Australia, Singapore, Hong Kong, London, UK and Lisbon, Portugal. Our US Attorney's can advise clients worldwide, with a fast and efficient Consultation by telephone or skype where they advise you about:

  • Visa eligibility
  • Information about the visa process
  • Assistance with a re-application after a US Visa Denial
  • Assistance in applying for a Foreign Degree Credential Evaluation
  • Assistance in applying for an unrestricted State License to practice in the US, such as Teachers, Pharmacists and Nurses
  • Supporting documents showing evidence of Work experience in a specific occupation, such as CV/Resume, References and Qualifications certificates
  • Checklist of documents required and format
  • Assistance in completion of USCIS Application forms or petitions
  • US Consulate Interview preparation covering common questions and answers
  • Visa Processing time guidance
  • USCIS fees and Attorney fees for complete visa application assistance

Contact VisaConnect's US Immigration Attorney's, in 2023 for advice and assistance with your H-1B Work Visa for applicants with a Specialty Occupation!

H-1B Specialty Occupations - Eligibility Criteria

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

The job must meet one of the following criteria to qualify as a specialty occupation:
  • Bachelors 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 bachelors or higher degree
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

H-1B2 DOD Researcher and Development Project Worker - Eligibility Criteria

The job must meet both of the following criteria to qualify as a DOD cooperative research and development project:

1. The cooperative research and development project or a co-production project is provided for under a government-to-government agreement administered by the U.S. Department of Defense.
2. A bachelors or higher degree, or its equivalent is required to perform duties.

H-1B3 Fashion Model - Eligibility Criteria

The position/services must require a fashion model of prominence.
The applicant must be a fashion model of distinguished merit and ability.

H-1B Visa Cap for 2021

The U.S. Citizenship and Immigration Services (USCIS) has said it has received enough petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption (The Masters cap), for fiscal year (FY) 2021. Successful applicants would be decided by a computerised draw of lots.

Note that the Biden Administration decided in February 2021 to continue with the lottery system until 31 December 2021, to give the immigration agency more time to develop, test and implement the modifications to the registration system.

H-1B Visa Bans Expire, on 31 March 2021

On 31 March 2021, US President Joe Biden, let the ban on foreign workers visa, in particular H-1B, lapse as the notification issued by his predecessor Donald Trump expired, a move which is likely to benefit thousands of Indian IT professionals.

On December 31 2020, Trump extended the order to March 31, 2021, noting that an extension was warranted as the pandemic continued to disrupt American's lives, and high levels of unemployment and job loss were still presenting serious economic challenges to workers across the US.

Biden did not issue a fresh proclamation for the ban on H-1B visas to continue after March 31. He had promised to lift the suspension on H-1B visas, saying Trump's immigration policies were cruel.