H-1B Visa Status for Specialty Occupation Workers

H-1B status allows U.S. employers to hire a qualifying foreign national (known as the H-1B beneficiary) temporarily in a certain type of employment position known as a specialty occupation.

A foreign national cannot apply for H-1B status alone. The employer is responsible for petitioning the U.S. Citizenship and Immigration Services (USCIS) to obtain permission to hire the foreign national to fill a particular position. The employment position must require a minimum of a Bachelor’s degree. The foreign national applicant must possess at least a Bachelor’s degree or its equivalent in the field. If the specific position requires a higher degree, the foreign national applicant must possess at least that degree in order to be eligible for that employment position.

The H-1B petition process is complex, lengthy, and involves multiple government agencies. The petitioning employer is required to pay several fees associated with the H-1B petition.

The H-1B benefit for a foreign employee is a maximum of six (6) years in duration, granted in increments of up to three (3) years each. H-1B status is employer-specific and job-specific, meaning the foreign worker can only be employed at the specific employer and in the specific position that was indicated in the H-1B petition approved by USCIS.

Refer to the menus on the sidebar for more information on H-1B status. 

MUSC personnel looking for information on the process of sponsoring an individual in H-1B status should refer to the Horseshoe page H-1B employees for MUSC departments.