The H-1B1 visa is a non-immigrant visa that allows United States companies to employ foreign nationals in specialty occupations that require theoretical or technical expertise in specialized fields such as in IT, finance, accounting, architecture, engineering, etc.

The definition of “specialty occupation” is one that requires:

• A theoretical and practical application of a body of specialized knowledge; and
• The attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

Although there is no definitive list of occupations eligible for the H-1B1 visa, a useful general guide for applicants to check if their occupation might be considered a graduate specialty profession and thus might be eligible for an H-1B1 visa, is the Occupational Information Network website O*NET Online.

H-1B1 visa holders may be admitted initially for a period not to exceed the validity period of the accompanying H-1B1 labor attestation (i.e., for a maximum of eighteen months), and extensions of stay may be granted in increments not to exceed the validity period of the accompanying H-1B1 labor attestation (i.e., for increments of up to eighteen months each).

Certain family members may also accompany the H-1B1 visa holder as dependents. An H-1B1 visa holder may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Notably, their nationalities do not need to be the same as that of the H-1B1 visa holder. Spouses of H-1B1 visa holders cannot apply for work authorization.