Specialty Worker Visas
H1-B visas are for workers in specialty occupations. The application may be submitted whether you are presently in the U.S. in status or outside of the U.S.
What are the requirements for an H-1B visa?
An H-1B specialty occupation has three basic requirements: - Practical and theoretical application of a body of highly specialized knowledge;
- A bachelor’s or higher degree or its equivalent in the specific specialty, and
- Any one or more of the following:
A bachelor’s degree or its equivalent is normally the minimum entry requirement for the job; A degree requirement is common to the industry, or the job is so unique or complex that it can only be performed by a person with a degree; The employer requires a degree or its equivalent for the job; or The specific duties of the job are so specialized that the knowledge to perform its duties are usually associated with a bachelor’s or higher degree. The applicant may have college degree equivalency in lieu of a degree, if he or she has 12 years or more of experience in the specialty field or a state license to practice where one is required.
What are some examples of H-1B specialty occupations? Here are some of the most common examples of H-1B specialty occupations: - Social sciences
- Computer sciences
- Mathematics
- Accounting
- Education
- Medicine and health
- Law
- Business specialties
- Architecture
- Theology
- Physical sciences
How long is the H-1B visa valid?
The Visa is valid for up to 3 years and may be extended for another three years for a total of six years.  
Who qualifies for a H-2A visa?
An H-2A visa is issued to temporary or seasonal agricultural workers where U.S. agricultural workers are unavailable.
What are the requirements for an H-2A visa?
A U.S. employer must file the petition or an association of U.S. agricultural producers named as joint employer. The petition must be filed and the employer must first obtain a temporary agricultural labor certification from the U.S. Department of Labor in order to employ seasonal or temporary agricultural workers.
How long is an H-2A visa valid?
One year with two one-year extensions.
Who qualifies for a H-2B visa? An H-2B visa is issued if you come to the U.S. to engage in non-agricultural work which is seasonal, intermittent, to meet a peak load need, or for a one-time occurrence where U.S. workers are unavailable.
What are the requirements for an H-2B visa?
A U.S. employer files the petition. The petition must be filed and the employer must first obtain a temporary labor certification from the U.S. Department of Labor in order to employ temporary workers. The job and the petitioning employers need for the specific alien must be temporary. The employer’s need must be one of the following: - Intermittent need: The employer must show it has not employed full-time or permanent workers to perform the services or labor, but occasionally or intermittently needs temporary workers to perform services or labor for short periods.
- A one-time occurrence: The employer must show it has not employed workers to perform the labor or services in the past and will not need workers in the future, or that it has a employment that is otherwise permanent but a temporary event of short duration has created the need for a temporary occurrence.
- A peak load need: The employer must show it regularly employs permanent workers to perform labor or services at the place of employment and that it needs to add to its permanent staff on a temporary basis due to a seasonal or short term demand and that the temporary workers will not become a part of the regular operation; or
- A seasonal need: The employer must show that the labor or services is traditionally related to a season of the year and is recurring. The employer must specify the periods of time during the year which it does not need the services or labor. The employment is not seasonal if the time when the work is not needed is unpredictable or subject to change or is a vacation period the permanent employees.
How long is an H-2B visa valid?
An H-2B visa is issued for one year with two one year extensions allowable.
Who qualifies for an H-3 visa?
H-3 visas are for workers coming to the U.S. to receive training from an employer in any field except medical graduate education or training. An H-3 is also for participants in a special education training program for the education of children with mental, emotional or physical disabilities.
What are the requirements for an H-3 visa?
You must be invited to the U.S. by a firm, organization, individual or institution to receive training in a particular field such as government, agriculture, communication, transportation, commerce or the professions. Training programs must meet these five basic requirements: - The training will benefit you in pursuing a career outside the U.S.
- U.S. citizens and resident workers are generally not employed in the training job
- The training is not available in your own country
- You will not engage in productive employment unless work is incidental and necessary to the training
- The training does not put you in a position that functions in the normal operation of the business.
How long is the H-3 visa valid?
You are admitted to the U.S. for the period required to complete the training, limited to two years.
Who qualifies for an H-4 visa classification?
The H-4 visa is for children and spouses of H-1B, H-2A, H-2B and H-3 visa holders. If you are in the U.S., in status, the application may be made in the U.S. Outside of the U.S., application is made through the U.S. Consular office where you live. The consular officer may require additional documents to verify the purpose for obtaining the visa. The visa may be issued on the same day you apply in the form of a stamp in your passport.
What are the requirements for an H-4 visa?
An H-4 visa applicant must be an immediate family member of an H-1B, H-2A, H-2B, or H-3 visa holder. Immediate family members include a spouse and single children under the age of 21.
How long is the H-4 visa valid?
You are admitted for the same amount of time as the H-1B, H-2A, H-2B and H-3 visas holder that you are accompanying. Application may be made to extend the H-4 visa to correspond to extensions of the H-1B, H-2A, H-2B and H-3 visa holder.
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