The H-1B visa remains one of the most sought-after work visas for professionals. Understanding the requirements and common pitfalls can mean the difference between approval and denial.
Key Takeaways
- The position must qualify as a specialty occupation
- Employers have ongoing compliance obligations
- The lottery system affects timing and strategy
- Maintaining status requires careful attention
What Is a Specialty Occupation?
A specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and at least a bachelor's degree in the specific specialty.
Employer Obligations
- Pay the required wage (prevailing or actual)
- Maintain a public access file
- Provide working conditions as stated in the LCA
- Notify USCIS of material changes
Common Pitfalls
Gap in Status
Any gap between H-1B periods can affect your status and future applications.
Material Changes
Changes in job duties, location, or ownership may require amended petitions.
Layoffs and Terminations
Employers must offer return transportation and notify USCIS of early termination.
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