EMPLOYMENT BASED VISAS
What Is The H-1B Visa?
If you are seeking work in specialty occupations, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability, then the H-1B applies to you.
The H-1B Visa is a temporary, employment based Visa in select employment areas.
As an H-1B nonimmigrant, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years.Your employer will be liable for the reasonable costs of your return transportation if your employer terminates you 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 your position.
Eligibility Requirements To Receive The H-1B Visa
For the specialty occupations portion of the H-1B Visa, eligibility requirements are:
The job must meet one of the following criteria to qualify as a specialty occupation:
- Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
- The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
- The employer normally requires a degree or its equivalent for the position
- The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree
For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:
- Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university
- Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
- Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
- Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
For the Department of Defense portion of the H-1B Visa, eligibility requirements are:
- The job must meet both of the following criteria to qualify as a DOD cooperative research and development project:
- The cooperative research and development project or a co-production project is provided for under a government-to-government agreement administered by the U.S. Department of Defense
- A bachelor’s or higher degree, or its equivalent is required to perform duties.
To be eligible for this visa category you must meet one of the following criteria:
- Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university
- Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
- Hold an unrestricted State license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
- Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
For the fashion model portion of the H-1B Visa, eligibility requirements are:
- The position/services must require a fashion model of prominence.
- To be eligible for this visa category you must be a fashion model of distinguished merit and ability.
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How To Apply For The H-1B Visa
Step 1: (Only for Specialty Occupations and fashion model petition)
Employer Submits LCA to DOL for certification.
The employer must apply for and receive DOL certification of an LCA
Step 2: Employer Submits Completed Form I-129 to USCIS.
The employer should file Form I-129, Petition for a Nonimmigrant Worker, with the correct USCIS Service Center. The DOL-certified LCA must be submitted with the Form I-129 (only for specialty occupation and fashion models)
Step 3: Prospective Workers Outside the United States Apply for Visa and/or Admission.
Once the Form I-129 petition has been approved, the prospective H-1B worker who is outside the United States may apply with the U.S. Department of State (DOS) at a U.S. embassy or consulate abroad for an H-1B visa (if a 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 in H-1B classification.
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