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IMMIGRATION LAW BLOG

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H-1B Speciality Occupation Visas allow an employer to petition for you to work in the U.S. in a speciality occupation. To be considered a speciality occupation, the position must meet the following requirements:  

  • Require a Bachelor’s Degree or higher or its equivalent;
  • The degree must be common to the industry, or the position must be so complex or unique that it can be only be; performed by holding such a degree; and
  • The specific duties of the role are so specialized, that the knowledge required to successfully perform the job is usually associated with possessing a Bachelor’s Degree or higher.
  To qualify for an H-1B visa, you must meet one of the following criteria:  

  • You must have earned at least a U.S. Bachelor’s Degree in the field of study required for the position from an accredited college or university or possess a foreign degree that is equivalent to at least a U.S. Bachelor’s Degree in the required field of study;
  • You must possess an unrestricted state license, registration, or certification allowing you to fully practice in your specialty occupation in the state of intended employment; and
  • You must possess education, training, or progressive work experience in the specialty occupation that is the equivalent to earning at least a Bachelor’s Degree, and demonstrate expertise in the specialty through progressively responsible jobs, which are directly related to the specialty occupation.
 

H-2A Temporary Agricultural Worker Visas allow a U.S. employer or agent to sponsor you to temporarily work in the U.S. in an agricultural job. Employers can sponsor foreign nationals from certain eligible countries. The U.S. publishes a list of H-2A Eligible Countries. To qualify for an H-2A visa, your employer must:

  • Offer you a job that is temporary or seasonal;
  • Establish there are not enough U.S. workers who are able, willing, qualified, and available to do this work; and
  • Demonstrate that employing you and other H-2A workers will not adversely affect wages and working conditions of U.S. workers similarly employed.
 

H-2B Temporary Non-Agricultural Worker Visas allow a U.S. employer to sponsor you to temporarily work in the U.S. in a non-agricultural job. An H-2B visa can be used to sponsor foreign nationals for a variety of positions with varying levels of education, experience, and skills. Employers can only petition for foreign nationals from certain eligible countries. The U.S. publishes a list of H-2B Eligible Countries. To qualify for an H-2B visa, your employer must:

  • Offer a job that is temporary, which can be a one-time occurrence, seasonal need, peak-load need, or intermittent need;
  • Establish there are not enough U.S. workers who are able, willing, qualified, and available to do this temporary work; and
  • Demonstrate that employing you and other H-2B workers will not adversely affect wages and working conditions of U.S. workers similarly employed.

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