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    • H-1B Specialty Occupation Visas

    The H-1B visa allows U.S. employers to hire foreign professionals in specialty occupations requiring theoretical or technical expertise. It remains a key pathway for skilled professionals to work and live in the United States. It enables U.S. employers to hire qualified foreign workers for up to three years, renewable to a maximum of six years.

    Subcategories

    1. H-1B (Specialty Occupations): For professionals in positions requiring at least a bachelor’s degree or higher (or its equivalent) in a specific field such as engineering, IT, law, healthcare and academia.
    2. H-1B2 (Department of Defense Cooperative Research and Development Projects)
      For professionals engaged in research or development projects administered by the U.S. Department of Defense.
    3. H-1B3 (Fashion Models)
      For fashion models of distinguished merit or ability working in positions requiring prominence in the industry.

    Eligibility Requirements

    To qualify for an H‑1B visa, the criteria differ slightly depending on the subcategory:

    H‑1B (Specialty Occupations) & H‑1B2 (Department of Defense Research): The foreign worker must meet one of the following:

    1. Hold a U.S. bachelor’s or higher degree required by the specialty occupation;
    2. Hold a foreign degree equivalent to a U.S. bachelor’s or higher degree in the specialty occupation;
    3. Hold an unrestricted state license, registration, or certification authorizing full practice in the specialty occupation and be ready to work in the state of intended employment; or
    4. Have education, specialized training, or progressively responsible experience equivalent to a U.S. bachelor’s or higher degree, with recognition of expertise through progressively responsible positions directly related to the specialty.

    H‑1B3 (Fashion Models of Distinguished Merit or Ability):

    •     The position must require a fashion model of distinguished merit or ability.
    •     The beneficiary must demonstrate prominence in the field and the ability to perform the required modeling duties at a distinguished level.

    Additional Notes:

    •         The Labor Condition Application (LCA) is required for H‑1B specialty occupations and H‑1B3 petitions, but not for H‑1B2.
    •         The LCA requirement does not apply to H-1B2 petitions under Department of Defense research and development projects. Instead, the employer must provide evidence of the cooperative agreement and a verification letter from the DOD project manager.

    The H-1B Cap

    •         Each fiscal year, there is a statutory cap of 65,000 new H-1B visas (the regular cap).
    •         An additional 20,000 visas are reserved for applicants holding a U.S. master’s degree or higher (advanced degree exemption).
    •         Some employers — such as universities, nonprofit research organizations, and government research institutions— are cap-exempt.

     

    Family of H-1B Nonimmigrants

    Spouses and unmarried children (under 21) may apply for H-4 visas. Certain H-4 spouses may obtain employment authorization (EAD).

    Key Advantages

    •         Authorized employment for up to 6 years.
    •         Dual intent: H-1B holders can pursue permanent residence (green card).
    •         Flexibility to change employers through transfer petitions.

    New $100,000 Payment Requirement (Effective Sept. 21, 2025)

    Under the Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers, new H-1B petitions filed on or after Sept. 21, 2025 for beneficiaries outside the U.S. without a valid H-1B visa must include a $100,000 payment.

    Exceptions are rare and granted only by the Secretary of Homeland Security in limited national-interest cases.

    How Can We Help?

    Navigating the H‑1B process can be complex, but our company is here to guide both employers and foreign professionals every step of the way. Our services include:

    •     Form I‑129 Preparation & Filing: Drafting and reviewing the petition to ensure all eligibility criteria are met.
    •     Labor Condition Application (LCA) Assistance: Preparing and submitting the LCA for H‑1B specialty occupation and H‑1B3 petitions.
    •     Strategic Assistance During Changing Employers or Employment Terms and Compliance Review
    •     Dependent (H‑4) Guidance: Advising on H‑4 visa applications and work authorization (EAD) eligibility

    Schedule a Consultation

    Contact Metin Serbest Consulting to  have your qualifications evaluated for the H-1B Specialty Occupation Visa and take the next step toward building your professional career in the United States. We are here to guide you through every stage of the process.