H1B VISA INFORMATION
CAP EXTENSION FOR F-1 STUDENTS HOLDING H-1B PETITIONS
If you are an F-1 student who timely filed your H-1B petition and applied to change status, your F-1 status and employment authorization will expire before changing status to H-1B (usually October 1) , you may be eligible for a cap extension. Please visit our Cap-Gap Extension page for more information.
H-1B special occupation
The H-1B pathway enables people with at least a bachelor’s degree (or equivalent) to work in jobs that are related to their degree and meet the requirements of a “specialty occupation.” There is a cap on the number of workers who can receive initial H-1B status each year. There are some exceptions to this cap, primarily related to the nature of the U.S. employer. An H-1B worker is allowed to stay in the United States for up to 6 years – but if an H-1B worker is on the path to legal permanent resident status, he can stay for much longer than 6 years.
Special Instructions Regarding H-1B Classification
There is an annual cap on the number of H-1B workers who can be granted initial status each year. The annual cap on the H-1B classification is 85,000 during each fiscal year of the U.S. government (October 1 to September 30). The annual cap includes 20,000 status grants reserved only for workers who have earned a master’s degree or higher from a U.S. higher education institution. Demand for these “cap numbers” is usually very high. Therefore, USCIS provides an electronic registration process for employers (prospective applicants) to register potential workers, and unless demand for cap numbers is unexpectedly low, these registrations will be included in a random selection process. This random selection process usually takes place in late March or early April. Only those selected registrants are eligible to submit H-1B cap petitions, usually in early October. H-1B workers who apply for or are employed by an institution of higher education (or an affiliated or related nonprofit entity), a nonprofit research institution, or a government research agency are not subject to this numerical cap. Uncapped applications can be submitted at any time during the year and do not require electronic registration. In addition, workers who already have H-1B status are generally not subject to the cap if they change employers or apply for renewal.
Nationals of Chile and Singapore may be eligible to apply for the H-1B1 classification, which has essentially the same requirements as the H-1B classification but has its own separate caps. Likewise, nationals of Australia are also eligible to apply for the E-3 visa, which has essentially the same requirements as the H-1B visa but has its own separate cap.
Do I have the qualifying education, experience or skills?
To qualify as an H-1B Special Occupation Worker, you must meet the following requirements.
You must possess at least a bachelor’s degree in a specific field (or equivalent) relevant to this position.
You must possess any necessary licenses, registrations, or certifications required for the position; and
your H-1B petition must be filed on your behalf by a U.S. employer or agent.
What evidence can be submitted to help USCIS determine that my degree is related to a specific occupation?
Some evidence that is often submitted to prove that your degree is relevant to the position you will be hired for include.
Explain in detail the specific responsibilities of the position, the products or services offered by your future employer, or the complexity of the role you will perform, and how your degree relates to the role.
Written opinion from an expert in the field explaining how your degree relates to the role you will perform.
Printouts of online resources describing degree areas typically associated with this career.
Evidence that similar companies in your industry have similar degree requirements for similar positions.
If I don’t have a bachelor’s degree, will I qualify?
If you don’t have at least a bachelor’s degree in a professional field directly related to the position you will be hired for, here’s how you can qualify.
Hold an unrestricted state license, registration, or certification that authorizes you to fully practice and immediately practice work in the profession in the state in which you intend to be employed; or possess the equivalent of a U.S. bachelor’s degree that has completed the profession, or Higher degree education, specialized training, and/or progressively responsible experience with recognition of expertise in the profession through progressively responsible positions directly related to the profession. Generally speaking, 3 years of progressively responsible work experience or training in the field are considered equivalent to 1 year of undergraduate education.
Note: Your sponsoring employer should submit documentation of the equivalency of all foreign degrees. If work experience is being considered, your sponsoring employer should submit an equivalency evaluation from an official authorized to award college-level credit. If the equivalency evaluation is not from the registrar, your sponsoring employer should submit a statement from the school’s registrar certifying that the specific evaluation official is authorized to award college-level credit on behalf of his or her institution.
If I don’t have a bachelor’s degree, will I qualify?
Do I need a job offer? Do I need a company to submit the application for me?
You need to have a job offer, and the position must qualify as a “special occupation.” In most cases, the employer will submit the application for you.
Your future job must meet one of the following criteria.
A bachelor’s degree or higher or equivalent is generally the minimum requirement for this specific position.
The degree requirement is common for the position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor’s degree in a field related to the position.
Employers generally require at least a bachelor’s degree or equivalent for this position; or
the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is typically associated with obtaining a bachelor’s degree or higher.
What evidence can be submitted to help USCIS determine that my position is an occupation that requires a degree in a professional field directly related to the position?
You can consult the Department of Labor’s (DOL) Occupational Outlook Handbook to help determine whether certain jobs generally require at least a bachelor’s degree in a field related to the occupation. If the OOH indicates that the occupation typically requires at least a bachelor’s degree in a specialized field, the sponsoring employer should refer to that OOH entry and submit an explanation of how their position fits the occupation. If the employment agency does not state that the position typically requires at least a bachelor’s degree in a related professional field, the sponsoring employer may submit evidence that the position typically requires such a degree. Examples of such evidence include.
Copies of past job announcements (if relevant) that reflect the minimum requirements for the position and indicate that employers typically require a degree in a specialized field directly related to the position.
Documentation demonstrating that the position is so specialized or complex that it can only be filled by someone with at least a bachelor’s degree or equivalent in a professional field directly related to the position, including a detailed description of the applicant’s business/products/services and the responsibilities of the position .
A detailed description of the applicant’s business/products/services and position responsibilities, and a written opinion from an expert confirming that the position is sufficiently specialized or complex that it may only be filled by someone with at least a bachelor’s degree in a field of expertise directly related to the position.
Job listings, letters, and/or affidavits from other employers that reflect the minimum requirements for the position and indicate that degree requirements for at least a bachelor’s degree in the specialized field are common in the industry in parallel positions with similar organizations.
Will I be working in the United States permanently as a lawful permanent resident, or temporarily for a specific period as a nonimmigrant?
You will work temporarily as a nonimmigrant for a specified period of time.
Initially, you may be approved to work in the United States for up to 3 years (also known as the “validity period”). After the initial validity period, you can be approved for an extension, up to a maximum of 3 years. Generally speaking, once you are granted a total of 6 years of validity, you are not eligible for further extensions. However, extensions beyond 6 years are allowed and not uncommon if the employer has already taken certain steps to help you apply for lawful permanent resident status (i.e., you are an approved I-140, Guest Worker Immigration The beneficiary of a petition for which an immigrant visa is not immediately available, or you are the beneficiary of a labor certification or I-140 petition filed at least 365 days before the required H-1B petition start date).
Are there any other standard requirements for this specific pathway?
Your sponsoring employer must submit a Labor Conditions Application (LCA) for your position certified by the Secretary of Labor when submitting your H-1B petition to USCIS.
The LCA can demonstrate that the employer is and will provide wages during the period of authorized employment as an H-1B nonimmigrant that are at least the actual wage level paid by the employer to all other persons with similar experience and qualifications for the specific job, or occupational classification of the field of employment. The prevailing salary level is based on the best information available at the time the LCA is submitted.
CHANGE IDENTITY
change of identity
If your plans change while you are in the United States (for example, you marry a U.S. citizen or receive a job offer), you can apply through the United States Citizenship and Immigration Services (USCIS) to change your nonimmigrant status to another category . Please see “Changing My Nonimmigrant Status” on the USCIS website for more information.
Obtaining a change of status from USCIS does not require you to apply for a new visa while you are in the United States. However, once you leave the United States, you must apply at a U.S. Embassy or Consulate for a new visa of the appropriate category for your trip.
Transfer or start studies at another education level
If you transfer or begin studies at another education level (for example, you complete a bachelor’s degree and begin a master’s program), your authorization to engage in OPT employment will automatically terminate. SEVP will notify USCIS of the termination date, and USCIS will terminate your EAD accordingly.
Although your authorization to engage in elective practical training will terminate, your F-1 status will not be affected by USCIS’ termination of your EAD as long as you comply with all requirements to maintain student status. Maintaining your student status includes not working on a terminated EAD, since termination means you are no longer authorized to work in the United States using that OPT EAD. Working in the United States without authorization can have serious consequences, including deportation and a bar from re-entry. Additionally, remaining in the United States in violation of your lawful nonimmigrant status may result in the accumulation of unlawful presence. Please see USCIS Changes in Policy Regarding the Accumulation of Unlawful Presence for Nonimmigrant Students and Exchange Visitors to learn more about the termination of your employment authorization under OPT and any effects on your student status, including possible accrual of unlawful presence. information.
If you feel that your EAD has been terminated in error, would like to request that the EAD termination be reconsidered, or if you have other questions, please see your DSO.