FAQ
H-1B specialty occupations are typically professional in nature. For example, doctors, engineers, architects, computer programmers and accountants could theoretically qualify as H-1B specialty occupations.
H-1B status is valid for three years and can be renewed for an additional three year period (six years total). In some cases a foreign national may extend their H-1B status beyond the six year maximum.
A foreign national may qualify for H-1B status if their foreign degree is determined to be equivalent to a US bachelor’s degree. In addition, it may also be possible in some cases to show that the foreign national’s combined work experience is equivalent to a four year US bachelors degree.
For employees who have never held H-1B status, an employer may file an H-1B petition on behalf of the foreign national beginning April 1 of each year. Once approved, the prospective employee may begin working in H-1B status on or after October 1 of the year that H-1B petition was filed.
If the employee is currently on H-1B status, a new employer may file a change of employer H-1B petition and begin employing the worker upon filing the petition with USCIS and without having an approval notice in hand. If the change of employer H-1B petition is eventually denied, the employee may not continue to work for the new employer.