Other Categories Don’t Apply
The H-1B category is available to foreign nationals who perform services in a specialty occupation. The term “specialty occupation” is made up of two criteria: 1) the occupation requires theoretical and practical application of a body of highly specialized knowledge and 2) the occupation requires at least a bachelor’s degree in the relevant field. It should be noted that there is an annual limit on the amount of H-1B’s issued and that employers must obtain an Approved Labor Certification from the Department of Labor as part of the process.
Professionals in the following fields are well-suited for the H-1B category, this list not exhaustive.
- Business Specialties
- Medicine and Health
- Physical Sciences
- Social Sciences
So, if you have a bachelor’s degree in one of the above fields and a job offer, then an H-1B may be right for you! H-1Bs can be valid for up to 3 years (and extended for an additional 3), and spouses and children of those in H-1B status may be granted dependent status as well. A valuable benefit of the H-1B Visa is what is known as “dual intent” – which allows the H-1B Visa holder to simultaneously pursue a green card. As such, H-1B’s are a popular first step towards a green card.
While an H-1B generally requires at least a bachelor’s degree, the H-2B category on the other hand is more suited for low-skilled workers. It’s mostly used by landscapers, laborers, hotel cleaners, housekeepers, cooks and construction workers who need to work in the U.S. during a particular season or otherwise temporarily.
Lastly, the H-3 category is available for those seeking entry to the U.S. to receive training that they could not otherwise get in their home country. There are two categories of H-3 Visas:
- The first is for those receiving training in areas such as agriculture, commerce, communications, finance, government and transportation. This category does not apply to physicians seeking graduate medical education or training – there are other Visa options for physicians; and
- The second is for those participating in a special education exchange visitor program that provides practical training and experience in the education of children with physical, mental, or emotional disabilities.
If you want to learn more about one of the above options, call us today!