H1B Visa
for professionals
H1B Visa
for professionals
H1B VISA
Petitions for professionals
The job must meet one of the following criteria to be considered a skilled occupation:
Normally, the minimum requirement to access the position is a bachelor’s degree or higher, or its equivalent.
The qualification requirement for the position is common in the sector or the position is so complex or unique that it can only be performed by a person with a qualification
The employer usually requires a degree or its equivalent for the position
The nature of the specific functions is so specialized and complex that the knowledge necessary to perform them is usually associated with obtaining a bachelor’s degree or higher.
In order to accept a job offer in a specialty occupation, you must meet one of the following criteria:
Have completed a U.S. bachelor’s degree or higher degree required by the specific specialty occupation at an accredited college or university
Possess a foreign degree equivalent to a US bachelor’s degree or higher in the specialized occupation
Be the holder of an unrestricted state license, registration or certification that authorizes you to fully practice the specialized occupation and to engage in that specialty in the state in which you intend to work.
Have progressively responsible education, training or experience in the specialty that is equivalent to that obtainedtion of said degree, and have recognition of experience in the specialty through progressively responsible positions directly related to the specialty.
Is a labor status application required?
Yes. The prospective employer must submit an approved Form ETA-9035, Labor Condition Application (LCA), with Form I-129, Petition for a Nonimmigrant Worker. See the Department of Labor (DOL) Office of Foreign Labor Certification links and USCIS forms to the right.
H1B2 VISA
DOD Research and Development Project Worker
The work must meet both of the following criteria to be considered a DOD cooperative research and development project:
The cooperative research and development project or a co-production project is provided for in a government-to-government agreement administered by the United States Department of Defense
A bachelor’s degree or higher, or its equivalent, is required to perform duties.
To qualify for this visa category you must meet one of the following criteria:
- Have completed a U.S. bachelor’s degree or higher degree required by the specific specialty occupation at an accredited college or university
- Have a foreign degree equivalent to a U.S. bachelor’s degree or higher in the specialized occupation
- Be the holder of an unrestricted state license, registration or certification that authorizes you to fully practice the specialty occupation and to engage in that specialty in the state in which you intend to work
- Have progressively responsible education, training or experience in the specialty that is equivalent to obtaining said degree, and have recognition of experience in the specialty through progressively responsible positions directly related to the specialty.
Request for employment status?
NO
H1B3 VISA
Fashion Model
The position/service must require an outstanding fashion model. To be eligible for this visa category you must be a fashion model of distinguished merit and ability.
Is a labor status application required?
Yes, the future employer must submit an approved LCA with Form I-129. See links to the Department of Labor’s Office of Foreign Labor Certification and USCIS forms to the right
Application process
(only required for skilled occupation and fashion modeling petitions): The employer submits the LCA to the DOL for certification. The employer must apply for and receive DOL certification of an LCA.
The employer submits the completed Form I-129 to USCIS. The employer must file Form I-129, Petition for a Nonimmigrant Worker, at the correct USCIS Service Center. The DOL-certified LCA must be submitted with Form I-129 (only for specialty occupations and fashion models).
Potential workers outside the United States apply for visa and/or admission. Once the Form I-129 petition is approved, the prospective H-1B worker located outside the United States may apply for an H-1B visa at a U.S. embassy or consulate abroad (if an H-1B visa is required). ).
Regardless of whether a visa is required, the prospective H-1B worker must then apply to U.S. Customs and Border Protection (CBP) for admission to the United States under H-1B classification.
Labor Condition Application (LCA)
Potential employers of specialty occupations and distinguished fashion models must obtain certification from a DOL LCA. This request includes certain attestations, violation of which may result in fines, prohibitions on sponsoring nonimmigrant or immigrant petitions, and other employer sanctions. The application requires the employer to attest that he will meet the following job requirements:
The employer will pay the beneficiary a wage that is not less than that paid to workers with similar qualifications or, if higher, the prevailing wage for his position in the geographic area in which he will work.
The employer will provide you with working conditions that do not negatively affect other similarly employed workers. At the time of the request for working conditions there is no strike or lockout. Notice of the submission of the labor conditions request to the DOL has been given to the union bargaining representative or posted in the workplace.
Period of stay
As an H1B nonimmigrant, you can be admitted for a period of up to three years. Your period of stay can be extended, but generally cannot exceed a total of six years, although some exceptions apply. Ions under sections 104(c) and 106(a) of the American Competitiveness in the 21st Century Act (AC21).
Your employer will be responsible for the reasonable costs of your return transportation if you are dismissed before the end of your period of authorized stay. Your employer is not responsible for the costs of your return transportation if you voluntarily resign from your position. You must contact the Service Center that approved your request in writing if you believe your employer has not met this requirement.
To consider
Other aspects about the H1B visa
The H1B VISA has an annual numerical limit of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a US master’s degree or higher are exempt from the limit. Additionally, H-1B workers applied for or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a governmental research organization are not subject to this numerical limit.
Your spouse and unmarried children under the age of 21 may apply for admission into the H-4 nonimmigrant classification. Family members in the H-4 nonimmigrant classification cannot work in the United States.
TAKE THE FIRST STEP
Don't postpone your dreams
We support your process of moving to the United States with the appropriate type of visa for your profile. (E1, E2, EB-2, F1, among others)
TAKE THE FIRST STEP
Don't postpone your dreams
We support your process of moving to the United States with the appropriate type of visa for your profile. (E1, E2, EB-2, F1, among others)
