H-1B VISA		H-1B VISA H-1B Program E-3 Program Validity Period Qualifying Criteria
Individuals working in specialty occupations requiring at least a bachelor’s degree or its equivalent in on-the-job experience. The job offered must require the degree, and the employer must pay the prevailing wage for the job offered. According to the INA (Immigration and Nationality Act), specialty occupations are those which require the theoretical and practical application of a body of highly specialized knowledge along with a minimum of a bachelor’s degree or its equivalent from an accredited institution. The specialty occupations include engineering, mathematics, architecture, social sciences, medicine and health, physical sciences, education, law, theology, business specialties, accounting and the arts. The applicant must have the necessary academic or other qualifying credentials. H-1B Program Effective January 1, 2004, the H-1B1 program became available, allowing employers to request foreign workers in the U.S. in a specialty occupation from Chile and Singapore. Current laws limit the number of foreign workers who may be issued an H-1B1 visa to 6,800. For more information regarding H-1B1 petitions, see the USCIS website or Consular sections for Chile or Singapore E-3 Program The Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, P.L. 109-13, was signed by the President on May 11, 2005. The Act established a new non-immigrant visa category for Australian professionals seeking to work in the United States. The Act provides for 10,500 new visas per fiscal year for Australian nationals seeking temporary work in "specialty occupations," as defined under the H-1B provisions of the Immigration and Nationality Act (INA). Validity Period The H-1B and H-1B1 certification is valid for the period of employment indicated on the Labor Condition Application (LCA), specifically the Form ETA 9035E, for up to three years. E-3 certification is valid for a period of employment of up to two years. A foreign worker can be in H-1B status for a maximum continuous period of six years. After the H-1B expires, the foreign worker must remain outside the U.S. for one year before another H-1B petition can be approved. Qualifying Criteria To hire a foreign worker on an H-1B, H-1B1, or E-3 visa, the job must be a professional position that requires, at a minimum, a bachelor's degree in the field of specialization. The occupation for which the H-1B, H-1B1, or E-3 classification is sought must also normally require a bachelor's degree as a minimum for entry into the occupation.

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