The H-1B visa category applies to people who wish to perform services in a specialty occupation. If you have at least a bachelor’s degree, and work in a specialty occupation, you may be eligible for an H-1B visa. A specialty occupation is one that requires the theoretical or practical application of a body of highly specialized knowledge, including but not limited to scientists, engineers, or computer programmers.There are several ways to demonstrate this.
Many, though not all, H-1B petitions are subject to a federal cap on the number of petitions that will be granted each fiscal year. This cap has been reached every year since 2004, and since 2014, it has been reached within days of the date that USCIS begins to accept petitions. It is important to prepare your petition thoroughly and well in advance in order to have a chance for your petition to be processed.
The cap for FY 2016 has already been met, and USCIS will begin accepting H-1B petitions that are subject to the FY 2017 cap on April 1, 2016. If you believe that you or someone you know may be eligible for an H-1B visa, please contact Del Olmo Law for a first assessment of your immigration case.