J-1 Two Year Home Residency Requirement

Certain individuals who hold or have held J Exchange Visitor status may be subject to this requirement.  If so, ISSS cannot submit an H-1B petition on your behalf unless you have a Waiver Approval or you have fulfilled the requirement in your country of permanent residence. You can read about this requirement here.

H-1B Required Wage

An H-1B petitioner must pay the H-1B beneficiary the "required wage rate" which is the higher of the employer's actual wage rate and the prevailing wage rate in the area of intended employment.

H-1B Specialty Occupation Requirement

Specialty occupation means an occupation which requires theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor...which requires the attainment of a bachelor’s degree or higher in a directly related specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States. A position is not a specialty occupation if attainment of a general degree, without further specialization, is sufficient to qualify for the position. A position may allow for a range of qualifying degree fields, provided that each of those fields is directly related to the duties of the position. Directly related means there is a logical connection between the required degree, or its equivalent, and the duties of the position.

Minimum Qualifications Requirement

To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:

• Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
• Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
• Hold an unrestricted State license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or
• Have education, specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

Previous Time Spent in H or L status

Time spent in the United States in either H or L status is counted against the maximum six years allowed in H-1B status. Aliens who have spent six years in H or L status (or a combination) will not be able to obtain a new period of H-1B status, until they have “resided and been physically present outside the United States” for at least 12 months prior to obtaining H-1B status again.