Specialty Occupation (H1B)

The H-1B classification applies to "specialty occupations." The job position must require theoretical and practical application of a body of highly specialized knowledge, such as a bachelor's degree or equivalent experience. 

Importantly, employers are required to pay the prevailing wage for the offered position and file for labor condition approval (LCA) from the U.S. Department of Labor. Most H-1B petitions are subject to an annual cap.  Because of this annual cap, there is a lottery system wherein petitioners are selected to have their petition adjudicated. This lottery has traditionally occured in Spring. 

H-1B petitions are approved for up to three years initially and can be extended for up to a total of six years.

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