The H-1B visa is intended for individuals performing services in a specialty occupation, services of distinguished merit and ability relating to a Department of Defense cooperative research and development project, or services as a fashion model of distinguished merit and ability.
On April 1, 2019, U.S. Citizenship and Immigration Services (USCIS) launched the H-1B Employer Data Hub. This data hub aggregates all data from fiscal year 2009 through the first quarter of fiscal year 2019, including employer names, cities, zip codes, and NAICS codes. H-1B visa applicants can use this data hub to learn detailed information about their employers.
Application Requirements for the Three Categories of H-1B Work Visas
I. H-1B Specialty Occupations
A position must meet one of the following criteria to qualify as a specialty occupation:
1. A bachelor's degree or higher, or its equivalent, is the minimum entry requirement for the position.
2. The degree requirement for the position is common to the industry, or the job is so complex and unique that it can only be performed by an individual with a degree.
3. The employer typically requires a bachelor's degree or higher, or its equivalent, for the position.
4. The specific job duties are so specialized and complex that the knowledge required to perform the occupation usually requires a bachelor's degree or higher, or its equivalent.
Applicants for a specialty occupation must meet one of the following conditions:
1. Have completed a bachelor's degree or higher required for the specialty occupation from an accredited U.S. college or university.
2. Hold a foreign degree equivalent to a U.S. bachelor's degree or higher required for the specialty occupation.
3. Hold an unrestricted state license, registration, or certification that authorizes the applicant to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment.
4. Have education, specialized training, and/or progressively responsible experience in the specialty that is equivalent to the completion of a bachelor's degree or higher, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
II. H-1B2 Department of Defense Researchers and Development Project Workers
A position must meet the following two criteria to qualify for Department of Defense research and development projects:
1. The cooperative research and development project or co-production project is provided for under a government-to-government agreement administered by the Department of Defense.
2. The duties of the occupation require a bachelor's degree or higher, or its equivalent.
Applicants must meet one of the following conditions to apply for this visa:
1. Have completed a bachelor's degree or higher required for the specialty occupation from an accredited U.S. college or university.
2. Hold a foreign degree equivalent to a U.S. bachelor's degree or higher required for the specialty occupation.
3. Hold an unrestricted state license, registration, or certification that authorizes the applicant to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment.
4. Have education, specialized training, and/or progressively responsible experience in the specialty that is equivalent to the completion of a bachelor's degree or higher, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
H-1B3 Fashion Models
This position requires a fashion model of distinguished merit and ability. To qualify for this visa, the applicant must be a fashion model of distinguished merit and ability.
The H-1B visa is valid for a maximum of 3 years and can be extended, but the total stay cannot exceed 6 years. If the employer terminates the employee before the end of the authorized period of stay, the employer is liable for the reasonable costs of return transportation. If the employee voluntarily resigns, the employer is not responsible for the return transportation costs. If an employee believes the employer has failed to fulfill this obligation, they may contact the service center that approved the H-1B visa.