Commonly known as the professional visa, this visa is designed for employees who will be offered “professional jobs” in the United States to work with a U.S. Employer. The occupation requires specialized knowledge and the attainment of a bachelor’s degree or higher (or equivalent) in the specialty or related. To qualify for a specialty occupation, the beneficiary must have education, specialized training, and/or progressively responsible experience that is equivalent to the completion of a U.S. Bachelor’s or higher degree in the specialty occupation. Upon approval of the H-1B visa, the employer must pay the prevailing wage set by the Department of Labor for this profession. With the H-1B visa you may be admitted for a period of up to three years initially. Your H-1B validity may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply under the American Competitiveness in the Twenty-First Century Act (AC21). The H-1B classification has an annual numerical limit (cap) of 65,000 new statuses/visas each fiscal year, which is granted via a lottery system which occurs typically in March of every year. An additional 20,000 petitions are allocated during the lottery to beneficiaries with a master’s degree or higher from a U.S. institution of higher education. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization, or a government research organization, are not subject to this numerical cap, and do not have to go through the lottery system.


1101 Brickell Avenue, South Tower, Suite 700
Miami, FL 33131
Telephone:   305-579-9218
FAX:   305-579-9219
E-mail:  Canero Lammers Immigration Law Group