H-1B Cap Still Not Reached


H-1B visas are work visas that allow foreign nationals to temporarily work in the United States for a U.S. employer. A U.S. employer may petition a foreign national under the H-1B classification which specifically applies to individuals in a “specialty occupation." A specialty occupation has three requirements. First, an individual must have a bachelor’s degree or higher degree or its equivalent for the particular position. Second, the degree must be common in the industry among similar organizations. Third, the employer must normally require a degree or equivalent; or the nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with attainment of the degree.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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