A "specialty occupation" qualifying for an H-1B visa is any job that requires the “theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation AND requires the attainment of a bachelor’s degree or higher in a specific specialty as a minimum for entry into the occupation in the United States.” The position must require a bachelor’s degree or higher in a specific field and the beneficiary must have the required degree.
No, a U.S. employer must file an H-1B petition on your behalf.
The new employer must file an H-1B petition on your behalf. You may legally work for the new employer upon filing of the H-1B petition.
Extensions are possible if an employer files a PERM case or an I-140 petition on your behalf at least one year before you reach the six-year limit in H-1B status. Thereafter, your H-1B status may be extended in one-year increments. Once you have an approved I-140 petition, your H-1B status may be extended in three-year increments until your priority date is current.
If you are working in the U.S. with an H-1B visa, you have up to 60 days or until your I-94 expires (whichever comes first) to find a new sponsor for a change of employer, apply for a change of status, or leave the U.S.
Unlike the H-1B, the O-1 has no numerical limit. There is no minimum prevailing wage requirement, although the wages offered should be what is expected for someone in a position of O-1 caliber. While premium processing is occasionally suspended for H-1B petitions, it remains available for O-1 petitions.
A person may qualify for an O-1 visa if they have a level of expertise that is not common and are part of a small elite group of individuals at the top of their indicated field.
Yes, spouses and children of an O-1 are eligible to be in O-3 status. Dependents need to show evidence proving the familial relationship. Dependents cannot be employed but may attend school.
No, if you are an O-1 you can only work in your identified job and any connected events pertaining to it.
L-1A visas are for managers and executives. L-1B visas are for specialized knowledge employees.
Spouses and unmarried children under 21 of L-1 visa holders may seek work authorization and dependents may study at U.S. schools.
You may self-petition for NIW or an employer may file on your behalf.
No, this varies because it is all determined by the USCIS on a case-by-case basis.
Generally, it is suggested to submit four to six letters when petitioning for NIW, but there is no specific number.
- Qualifications of the recommender: A description of the recommender establishing their qualifications that qualify them to evaluate your work.
- Substantive information: The letter should describe your unique expertise in your field. If the recommendation letter is from your employer or professor, it needs to outline the responsibilities and the requirements of the job you performed. The letters must describe how your endeavors significantly contribute to the U.S. national interest.
If your employer sponsors your NIW petition, a new petition may have to be filed. If you petition for yourself, changing employers should not affect the status of the case. The new position must continue to satisfy the requirements of the NIW.
Yes you can self-petition for EB-1 or an employer may sponsor you.
No. EB-1 does not require a job offer, but you must articulate how you intend to continue working in your field. You do not need to go through the PERM labor certification process.
A nonpermanent resident can qualify for cancellation of removal if they can demonstrate that they have been in the U.S. for the last ten years, are of good moral character, have not been convicted of specified criminal offenses, and their removal would result in exceptional and extremely unusual hardship to a spouse, parent or child who is a legal permanent resident or U.S. citizen.