H-1B specialty occupations

Specialty-occupation and qualification requirements

H-1B concerns qualifying specialty-occupation employment. The work and the applicant’s credentials must support the relevant requirements. A familiar professional title, a degree or an employer’s offer is not, on its own, a complete eligibility assessment.

The employer’s application requirements

The employer’s petition and labor condition application require coordinated information about the position, work locations and employment terms. Cap-subject cases also involve the applicable selection and filing process. A person already in H-1B status is not automatically exempt from every future cap question, particularly when moving from cap-exempt to cap-subject employment.

Changes of employment

A gap between jobs does not automatically require departure. Current rules provide a discretionary grace period of up to 60 days, or the remaining authorized validity period if shorter, subject to conditions. That period is not general work permission. Portability and a new employer’s filing must be assessed separately.

Dependants and extensions of status

Some H-4 spouses may be eligible to apply for employment authorization; eligibility is not universal. Extensions beyond ordinary time limits also depend on specific circumstances. Our firm can review the employment offer, current records and proposed change to advise on the applicable requirements.

General information only; it does not replace advice about an individual case.