The H-1B is a nonimmigrant classification used by a foreign worker who is employed temporarily in a specialty occupation, or a fashion model of distinguished merit and ability. Generally, an alien employee can work for a total of consecutive 6 years in the U.S. with H-1B status.

A "specialty occupation" requires theoretical and practical application of a body of specialized knowledge and at least a bachelor’s degree or its equivalent. If the alien beneficiary was awarded his/her degree from an institution not located in the U.S., that degree must be evaluated to determine if it is comparable to a U.S. awarded degree. Examples of specialty occupations include, but are not limited to, engineers, nurses, professors, researchers, computer programmers, accountants and other professionals.

To be specific, a specialty occupation for H-1B application must meet one of the following criteria:

1. A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the specific occupation;

2. A baccalaureate or higher degree or its equivalent is commonly required in the industry for parallel positions among similar ___occupation;

3. The nature of specific duties to be performed is so specialized and complex that knowledge required to perform the duties is usually ___associated with attainment of a least a baccalaureate degree;

4. The petitioning employer normally requires a baccalaureate degree or higher or its equivalent for the same or similar position.

 In an H-1B petition, the sponsored employer is the petitioner and the alien employee is the beneficiary. The burden of proof is on the petitioning employer who needs to prove all requirements have been satisfied.

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