The H1B status is for foreign workers who will hold specialty occupations. A specialty occupation is one which "requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation AND which requires the attainment of a bachelor's degree or higher in a specific specialty as a minimum for entry into the occupation in the United States." The employer must describe the elements of the case to the USCIS on a petition format letter. This first posting in the series about the H1B process contains a sample of such letter. Click below
Department of Homeland Security U.S. Citizenship and Immigration Services [Service Center Address]
Re: H-1B1 Nonimmigrant Specialty Occupation for on behalf of [Employee]
Dear Sir or Madam:
We are writing this letter in support of H-1B1 nonimmigrant classification on behalf of [Mr./Ms.] [Employee] in the specialty occupation of [job title]. On this basis, we provide you with details regarding our business operations, the proposed employment, and confirmation of [Employee]’s nationality and professional qualifications.
[Brief statement regarding the petitioning employer, including company background, date of formation, business/industry, number of employees, and annual revenues.]
We currently wish to employ [Employee] as a [job title] in our [City, State] office. As a professional in [field], [he/she] will be responsible for [detailed description of job duties, including knowledge/skills utilized].
The position of [job title] requires a theoretical and practical application of specialized knowledge. [Employee] will be required to perform [State duties of offered position with emphasis on duties that require application and use of academic/professional skills gained through a bachelor’s degree or equivalent]. The offered position requires the application of knowledge gained through completion of a bachelor’s degree in [academic field(s)], or a closely related field, or the equivalent.
[Mr./Ms.] [Employee] is a citizen of _________. [His/Her] academic/professional qualifications make [him/her] an ideal candidate for the offered position of [job title]. In [month/year], [he/she] received a [degree and field of study] from [name of college/university], where [he/she] completed coursework in [please list relevant coursework], among others. [His/Her] education has been evaluated by [an education evaluation service] to be the equivalent of a U.S. bachelor’s degree in [academic field]. A copy of the evaluation is included as a part of this petition (if foreign degree).
In addition to these academic accomplishments, [Employee] also possesses professional experience. [Describe prior work experience, if any.]
We believe that [Employee]’s academic achievements and [his/her] professional experience will qualify [him/her] to serve as a [job title] with our organization. In return for [his/her] services, [Employee] will receive a base salary of $_____ per year.
Based on the foregoing, we submit that [Employee] is eligible for H-1B1 classification, and we, therefore, seek your favorable decision and approval of our request.
Thank you for your consideration.
[Title of Company Representative]