You may be eligible for this visa if you will be performing services in a special occupation in the United States.

ELIGIBILITY CRITERIA

• You must perform services in a special occupation* in the United States
• Bachelor’s or higher degree** or its equivalent is normally the minimum entry requirement for the position
• The nature of the specific duties of the position is so complex and specialized that the employer and the industry at large normally requires a Bachelor’s or higher degree
• You must have academic qualification directly fitting to the position


GENERALLY REQUIRED EVIDENCE

• A letter from the prospective US employer describing the alien’s occupation, the alien’s anticipated length of stay, and salary/remuneration arrangements
• Evidence that the alien meets the educational requirements for the position to be filled (a bachelor’s degree or higher or its equivalent in the specific specialty occupation)
• Evidence that the alien meets any licensing or other occupational requirements
• Evidence that the prospective US employer has fileda labor condition application (LCA) with DoL and the offered wage is equal to or more than the prevailing wage.


PROCEDURE

 
Stage 1:
Collecting
Evidence
Stage 2:
Employer's FEIN
Verification
Stage 3:
File LCA
Stage 4:
Submit Petition
to USCIS
Stage 5:
Approval


TIME FRAMES

Stage 1 to Stage 2: about 3 weeks
Stage 2 to Stage 3: 
about 1 week
Stage 3 to Stage 4: 
about 1 week
Stage 4 to Stage 5: about 3 months


EXCEPTIONS & NOTICE

A. Special Occupation generally refers to jobs which require the theoretical and practical application of highly specialized knowledge along with a minimum of a bachelor’s degree or its equivalent from an accredited institution
B. Bachelor's or higher degree: for you to qualify to accept a job offer in a specialty occupation you must meet 
    one of the following criteria:
  1.     Completed a US bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university
  2. Hold a foreign degree that is the equivalent to a US bachelor’s or higher degree in the specialty occupation
  3. Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
  4. Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty

C. The time period between Stage 1 and Stage 2 may vary case by case due to the complexity of your occupation and the employer’s entity

EB-1/NIW
Frequently Asked Questions(EB-1)
EB-1 (Extraordinary Ability)
EB-2 (NIW: National Interest Waiver)
EB-1 (Outstanding Researcher)
EB-1 (Adjudication Trend)
Start-Up VISA
J-1/H-3 (Trainee)
O (Extraordinary Ability)
Business Trips (Visa Waiver/ B Visa)
L-1 (Transferee)
E-1/E-2 (Trader/Investor)
H-1B (Professional)
TN/E-3 (Professional)
F-1 OPT
Start-Up Issues
Green Card (Employment)
EB-1 (Extraordinary Ability)
EB-1 (Multinational Executives)
EB-1 (Outstanding Researcher)
EB-2 (NIW: National Interest Waiver)
EB-2 (Advanced Degree Holders)
EB-3 (Skilled Workers)
EB-4 (Religious Workers)
EB-5 (Immigrant Investors)
Frequently Asked Questions (EB-2)
Green Card (Family)
IR-1 (Spouse of a U.S. Citizen)
IR-2 (Unmarried Child Under 21 Years of Age of a U.S. Citizen)
IR-5 (Parent of a US Citizen)
FB-1 (Unmarried Sons and Daughters of U.S. Citizens)
FB-2 (Spouses, Minor Children, and Unmarried Sons and Daughters of LPRs)
FB-3 (Married Sons and Daughters of U.S. Citizens)
Work VISA
E-1/E-2 (Work Visa)
E-3 (Visa)
H-1B (Visa)
H-3 (Visa)
L-1 (Visa)
O (Visa)
P (Visa)
R (Visa)
TN (Visa)
J-1 (Trainee)
Frequently Asked Questions (F-1)
Frequently Asked Questions (H-1B)
Frequently Asked Questions (E-2)
Frequently Asked Questions (L-1)
Investment VISA
E-1/E-2 (Investment Visa)
EB-5 (Immigrant Investors)
EB-5 (Regional Center Pilot Program)
Frequently Asked Questions (E-2)
Frequently Asked Questions (EB-5)
Student VISA
F-1 (Visa)
J-1 (Visa)
M-1 (Visa)
OPT/STEM Extension
Citizenship
N400 (Naturalization)
N470 (Preserve Residence for Naturalization)
Other Issues Affecting Immigrants

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FAX: 917.210.4001

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Sunnyvale, CA 94085
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