Professional Worker (H-1B)

An H-1B, professional, visa may be issued to an alien who is coming temporarily to the United States to perform services in a specialty or professional occupation.

The applicant for an H-1B visa must first receive an offer of employment from a US company. The company must file the I-129 petition, with H supplement, I-129W, and an approved labor condition application with the Immigration & Naturalization Service office having jurisdiction over the place where the alien will be employed.

Please read the instructions, attached to the petition, carefully to determine who can file the petition and what documents will be needed to establish the qualifications for obtaining an approval of an H-1B petition or change of status.

Note: Whenever you mail any forms or documents to the immigration service, you should always do so by certified mail, return receipt requested, or by some form of express mail for which you can obtain proof of receipt. This is very important in the event immigration loses your application. In that event you can submit your proof of receipt, with evidence of payment, and you can establish that you did not violate your status in the United States.

Once the petition is approved, the alien will be sent immigration form I-797 changing the person’s status in the United States and extending the authorized stay for three years, or for the time requested on the petition if less than three years. Each accompanying family member who filed an I-539 application will also be granted the change of status (as an H-4) for the same period as the principal applicant.

If the alien is outside of the United States, the approved petition (form I-797) will be forwarded to the US consul where the alien will apply for his or her visa. Form DS-156 must be completed and presented in person at the consulate, together with documentation that will clearly establish eligibility for the visa. A separate form DS-156 should be completed for each accompanying family member. The H-1B visa will be issued for a period of three years. The spouse and children of the principal applicant will receive H-4 visas for the same period of time. An H-1B or H-4 visa holder, when entering the United States, will be given a period of stay coinciding with the time remaining on the visa.

If the alien desires an extension of stay, he or she would file a request for an extension with the U.S. Citizenship and Immigration Services, which extension will be granted for three years. A maximum of six years is permitted on an H-1B visa. Once an extension is granted, the alien can obtain revalidation of the H visa through the US State Department, rather than having to return to the consul to obtain a new visa. The dependents of an H alien are not permitted to work in the United States, unless they also qualify and apply for their own H-1B status.

USCIS List of Recognized Professions:

  1. Accountant
  2. Actor
  3. Acupuncturist
  4. Administrative Assistant
  5. Administrative Executive
  6. Agriculturist
  7. Agronomist
  8. Analyst, Computer Systems
  9. Analyst, Marketing
  10. Analyst, Program
  11. Analyst, Senior Program
  12. Analyst, Systems
  13. Animal Husbandry
  14. Animal Scientist
  15. Apiculturalist
  16. Architect
  17. Architect, Computer Systems
  18. Analyst Architect, Landscape
  19. Architectural Cost Estimator Artists
  20. Artist, Graphic
  21. Asian Market Research
  22. Analyst Astronomer
  23. Athletes
  24. Athletes, Golf
  25. Attorney
  26. Attorney, Corporate
  27. Attorney, Patent
  28. Biochemist
  29. Biologist
  30. Business Administrator
  31. Business Manager
  32. Business person
  33. Cartoonist
  34. Chef
  35. Chemist
  36. Chemist, Organic
  37. Chief Executive Officer
  38. Chiropractor
  39. Claims Adjuster
  40. Clinical Psychologist
  41. Computer Programmer
  42. Computer Programmer, Chief
  43. Conservator, Assistant Paper
  44. Consultant, Engineering
  45. Consultant, International Trade
  46. Consultant, Management
  47. Contract Specialist
  48. Cook
  49. Dairy Scientist
  50. Database Administrator
  51. Dentist
  52. Designer, Fashion
  53. Designer, Graphic
  54. Designer, Industrial
  55. Designer, Interior
  56. Dietitian
  57. Director of Program Development
  58. Director, Creative Advertisement
  59. Director, Marketing
  60. Director, Research and Development
  61. Director, Technical
  62. Disaster Relief Claims Adjuster
  63. Doctor, Medical
  64. Economic Analyst
  65. Economist
  66. Economist, Financial
  67. Engineer
  68. Engineer, Ceramic
  69. Engineer, Consultant
  70. Engineer, Electrical Design
  71. Engineer, Mechanical
  72. Engineer, Roll Designer
  73. Engineer, Sales
  74. Engineer, Software
  75. Engineer, Systems
  76. Engineering Technician, Fire Protection
  77. Entertainers
  78. Entomologist
  79. Epidemiologist
  80. Executives
  81. Fashion Designer
  82. Forester
  83. Gambler
  84. Geneticist
  85. Geochemist
  86. Geologist
  87. Geophysicist
  88. Golf Pro
  89. Graphic Artist
  90. Graphic Designer
  91. Horticulturist
  92. International Trade Economist
  93. Intracompany Transferee
  94. Investor
  95. Journalist
  96. Land Surveyor
  97. Landscape Architect
  98. Lecturer
  99. Librarian
  100. Librarian, Medical Record
  101. Management Consultant
  102. Manager
  103. Manager, Business
  104. Manager, Casino Pit
  105. Manager, Hotel
  106. Manager, Marketing Assistant
  107. Manager, Restaurant
  108. Manager, Software
  109. Market Research Analyst
  110. Marketing Analyst
  111. Marketing Director
  112. Marketing Specialist
  113. Marketing Senior Specialist
  114. Mathematician
  115. Medical Doctor
  116. Medical Laboratory Technologist
  117. Medical Professionals
  118. Medical Record Librarian
  119. Medical Researcher
  120. Medical Technologist
  121. Meteorologist
  122. Minister
  123. Model
  124. Network Chief
  125. Nurse
  126. Nutritionist
  127. Orthopedist
  128. Pathologist
  129. Pharmacologist
  130. Physician
  131. Physician, Teaching/Research
  132. Physicist
  133. Physio/ Physical Therapist
  134. Plant Breeder
  135. President
  136. President, Corporate
  137. President, Messenger Service
  138. President, Real Estate
  139. Professors
  140. Program Analyst, Senior
  141. Programmer
  142. Programmer, Computer
  143. Programmer, Engineering and Scientific
  144. Programmer, Systems
  145. Psychologist, Clinical
  146. Puppeteer
  147. Range Manager
  148. Recreational Therapist
  149. Religious Workers
  150. Research Analyst
  151. Research Assistant
  152. Researchers
  153. Sales Engineer
  154. Scientific Technician/Technologist
  155. Scientist
  156. Scientist, Dairy
  157. Scientist, Poultry
  158. Scientist, Sod
  159. Senior Program Analyst
  160. Singer
  161. Social Worker
  162. Specialist, Senior Marketing
  163. Superintendent, Reefer Operations
  164. Surgeons
  165. Surgical Assistant
  166. Sylviculturist
  167. Teacher
  168. Teacher, College
  169. Teacher, Music
  170. Teacher, Seminary
  171. Teacher, University
  172. Technical Director (mftg)
  173. Technical Publications Writer
  174. Technician
  175. Technician, Fire Protection
  176. Technologist Medical
  177. Therapist, Corrective
  178. Therapist, Occupational
  179. Therapist, Physio/Physical
  180. Therapist Recreational
  181. Translator
  182. Urban Planner
  183. Venture Capitalist
  184. Veterinarian
  185. Vice President
  186. Vice President, Intl. Operations
  187. Vice President, Manufacturing
  188. Violin Maker
  189. Vocational Counselor
  190. Writer, Technical Publications
  191. Zoologist
 
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