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An H-1B classification for temporary workers in specialty occupations may be granted to an alien who: (1) will perform services in a specialty occupation which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a B.A./B.S. or higher degree or its equivalent as a minimum requirement for entry into the occupation in the U.S., and (2) who is qualified to perform services in the specialty occupation because he or she has attained a baccalaureate or higher degree or its equivalent in the specialty occupation.

To qualify as a specialty occupation, the position must meet one of the following:

1. A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position.
2. The degree requirement is common to the industry or the particular position is so complex or unique that it can be performed only by an individual with a degree.
3. Employer normally requires a degree or its equivalent for the position.
4. The nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with the attachment of a baccalaureate or higher degree.

Currently, there is a limit of 65,000 visas under the H-1B status. The limit is for principal aliens and does not apply to spouses and children. However, efforts have been made to increase the number of visas since the number of applicants have exceeded supply.

Prior to filing the Petition for Nonimmigrant worker H-1B on form I-129, the employer must have filed and have approved a labor condition application. For the labor condition application which is on Form ETA 9035, the following information is requested:

1. the occupation(s), by Dictionary of Occupational Titles (DOT) Three-Digit Occupational Groups code and by the employer's own title for the job;
2. the number of H-1B nonimmigrants sought;
3. the gross wage rate(s) to be paid to each H-1B worker, expressed on a weekly, biweekly, monthly or annual basis;
4. the starting and ending dates of the H-1B workers' employment; and
5. the place(s) of intended employment.

On approval of ETA 9035, the actual petition for H-1B worker can be filed on Form I-129 along with documentation that the job requires a baccalaureate or higher, and that the alien beneficiary qualifies to perform the job duties. The documentation can be of the following on behalf of the alien.

1. School records, diplomas, degrees, affidavits, declarations, contracts, and similar documentation submitted must reflect periods of attendance, courses of study, and similar pertinent data, be executed by the person in charge of the records of the educational or other institution, firm, or establishment where education or training was acquired.
2. Affidavits or declarations made under penalty of perjury submitted by present or former employers or recognized authorities certifying as to the recognition and expertise of the beneficiary must specifically describe the beneficiary's recognition and ability in factual terms and must set forth the expertise of the affiant and the manner in which the affiant acquired such information. Copies of any written contracts between the petitioner and beneficiary, or a summary of the terms of the oral agreement under which the beneficiary will be employed, if there is no written contract, must also accompany the petition.

Employer must also document that it is able to pay the alien the prevailing wage as stated on the labor condition application.

If the alien is in the U.S., then the alien with approval of the petition can adjust his/her status in the U.S. Otherwise, the approval is sent to the nearest U.S. Consulate abroad where he/she lives and the alien goes into the U.S. Consulate to have the H-1B visa issued.