The H-1B visa is a non-immigrant visa category available in the United States for foreign workers in specialty occupations. It allows U.S. employers to temporarily hire skilled foreign professionals in occupations that require specialized knowledge.
Requirements for H-1B Specialty Occupations
For a position to be recognized as a specialty occupation, it must align with one of the following criteria:
- Theoretical and practical application of a body of highly specialized knowledge.
- 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.
- A bachelor’s or higher degree, or its equivalent, typically serves as the minimum entry requirement for the specific position.
- The degree requirement is a standard across the industry for comparable roles within similar organizations. Alternatively, the role itself may be so intricate or distinctive that it mandates an individual with a degree.
- The employer typically mandates a degree or its equivalent for the position.
- The nature of the duties associated with the position is specialized and complex, requiring knowledge typically associated with the attainment of a bachelor’s or higher degree.
To qualify for performing services in a specialty occupation, individuals must meet one of the following criteria
- Hold a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university.
- Possess a foreign degree equivalent to a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university.
- Hold an unrestricted state license, registration, or certification that authorizes full practice of the specialty occupation, engaging immediately in that specialty within the intended state of employment.
- Demonstrate education, specialized training, and/or progressively responsible experience equivalent to a U.S. bachelor’s or higher degree in the specialty occupation, supported by a record of expertise through progressively responsible positions directly related to the field.
Prospective petitioners must submit a certified Form ETA-9035/9035E, Labor Condition Application, endorsed by the Department of Labor (DOL), along with the Form I-129, Petition for a Nonimmigrant Worker.
Requirements for H-1B2
To qualify for the H-1B2 visa, the prospective beneficiary must hold a bachelor's or higher degree, or its equivalent, relevant to the occupational field in which they will be rendering services. The eligibility criteria can be fulfilled through one of the following avenues:
No Labor Condition Application is required for the H-1B2 visa.
The petition process requires documentation, including a verification letter from the DOD project manager affirming the beneficiary's involvement in the project. Specific project details are not obligatory, but the petition must include a general description of the beneficiary's duties and the actual dates of employment on the project.
- U.S. Bachelor's or Higher Degree: Possess a U.S. bachelor's or higher degree required for the job duties from an accredited college or university.
- Foreign Equivalent Degree: Hold a foreign degree equivalent to a U.S. bachelor's or higher degree from an accredited college or university.
- State License, Registration, or Certification: Maintain an unrestricted state license, registration, or certification authorizing full practice of the job duties, enabling immediate engagement in that specialty in the state of intended employment.
- Equivalent Education, Training, or Experience: Demonstrate education, specialized training, or progressively responsible experience in the specialty equivalent to the completion of a U.S. bachelor's or higher degree.
- Obtain recognition of expertise in the specialty through progressively responsible positions directly related to the field.
No Labor Condition Application is required for the H-1B2 visa.
The petition process requires documentation, including a verification letter from the DOD project manager affirming the beneficiary's involvement in the project. Specific project details are not obligatory, but the petition must include a general description of the beneficiary's duties and the actual dates of employment on the project.
Requirements H-1B3 Fashion Model
The H-1B3 visa is designed for individuals in the fashion industry whose positions or services demand a fashion model of exceptional prominence. To qualify for this visa category, you must demonstrate distinguished merit and ability as a fashion model.
Before filing the H-1B3 petition, the employer must obtain an approved Labor Condition Application (LCA) from the U.S. Department of Labor. The LCA certifies that the employer will pay the H-1B3 worker the prevailing wage for the occupation in the specific geographic area. To initiate the application for the H-1B3 visa, the prospective petitioner must submit a Labor Condition Application with Form I-129.
Before filing the H-1B3 petition, the employer must obtain an approved Labor Condition Application (LCA) from the U.S. Department of Labor. The LCA certifies that the employer will pay the H-1B3 worker the prevailing wage for the occupation in the specific geographic area. To initiate the application for the H-1B3 visa, the prospective petitioner must submit a Labor Condition Application with Form I-129.
The H-1B visa program has an annual numerical cap, which is currently set at 65,000 visas, with an additional 20,000 visas reserved for individuals who have earned a U.S. master's degree or higher. Some H-1B petitions, such as those filed by institutions of higher education, nonprofit research organizations, and government research organizations, are exempt from the cap.
H-1B visa holders can bring their spouses and unmarried children under 21 years old to the United States under the H-4 visa category. Dependents can attend school or college but are not allowed to work unless they independently qualify for employment authorization.
H-1B visa holders can change employers while in the United States, provided the new employer files a new H-1B petition on their behalf. This provides flexibility and opportunities for career advancement.
H-1B visa holders can bring their spouses and unmarried children under 21 years old to the United States under the H-4 visa category. Dependents can attend school or college but are not allowed to work unless they independently qualify for employment authorization.
H-1B visa holders can change employers while in the United States, provided the new employer files a new H-1B petition on their behalf. This provides flexibility and opportunities for career advancement.
We understand the nuances of H-1B2 cases and are committed to guiding you through a seamless immigration process. Contact us today to explore your eligibility and initiate your application with confidence.