H-1B

 H-1B Specialty Occupations

General Requirements:

 The job entails:

1. Application of highly specialized knowledge, both theoretical and practical.
2. Requirement of at least a bachelor's degree in the specific field (or its equivalent) as a minimum for entry into the occupation in the United States.

Additionally, the position must meet one of the following criteria to be considered a specialty occupation:

• A bachelor’s degree or higher, or its equivalent, is typically the minimum requirement for similar positions within the industry.
• The job is so intricate or distinctive that it necessitates a degree for its performance.
• The employer usually mandates a degree or its equivalent for the position.
• The duties are so specialized and intricate that they usually require the knowledge associated with a bachelor’s or higher degree.

To qualify for work in a specialty occupation, you must meet one of the following criteria:

• Possess a U.S. bachelor’s or higher degree required for the specialty occupation from an accredited institution.
• Hold a foreign degree equivalent to a U.S. bachelor’s or higher degree required for the specialty occupation from an accredited institution.
• Have an unrestricted state license, registration, or certification that allows full practice in the specialty occupation and immediate engagement in that specialty in 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, along with acknowledgment of expertise through progressively responsible positions directly related to the specialty.

 The prospective petitioner must include a Form ETA-9035/9035E, Labor Condition Application (LCA) certified by the Department of Labor (DOL), with the Form I-129, Petition for a Nonimmigrant Worker.

 Classification of General Requirements (among others) Labor Condition Application Required - H-1B Specialty Occupations

The occupation requires:

• Theoretical and practical application of a body of highly specialized knowledge; and
• 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.

The position must also 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 particular position
• The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, 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 perform services in a specialty occupation you 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
• Hold a foreign degree that is the 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 you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment

Have education, specialized training, and/or progressively responsible experience that is equivalent to the completion of a U.S. bachelor’s or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.**

The prospective petitioner must include a Labor Condition Application (LCA) certified by the Department of Labor (DOL)

H-1B2 DOD Researcher and Development Project Worker 

 The position must necessitate at least a bachelor’s degree or its equivalent to carry out the responsibilities. The petition should include:

• A confirmation letter from the DOD project manager outlining the beneficiary's involvement in a cooperative research and development project or a coproduction project under a reciprocal Government-to-Government agreement administered by DOD. Specific project details are not mandatory.
• A brief overview of the beneficiary's duties on the project and the precise employment dates.
• A statement listing the names of noncitizens currently employed on the project in the United States, along with their employment dates, and the names of those whose project employment concluded within the last year.

To qualify for this category, you must possess at least a bachelor's or higher degree, or its equivalent, in the relevant occupational field. This requirement can be satisfied through one of the following:

• Possessing a U.S. bachelor’s or higher degree mandated by the duties from an accredited institution.
• Holding a foreign degree equivalent to a U.S. bachelor’s or higher degree from an accredited institution.
• Having an unrestricted state license, registration, or certification allowing full practice of the job duties and immediate engagement in that specialty within the intended state of employment.
• Demonstrating education, specialized training, or progressively responsible experience in the specialty equivalent to completing a U.S. bachelor’s or higher degree, along with acknowledgment of expertise in the specialty through progressively responsible positions directly related to it.

Labor Condition Application (LCA) is not required.

H-1B3 Fashion Model

The position or services must necessitate a fashion model of notable standing. To qualify for this visa category, you must be a fashion model with recognized excellence and skill.

The prospective petitioner must include a Form ETA-9035/9035E, Labor Condition Application (LCA) certified by the Department of Labor (DOL) 

H-1B Licensing 

Certain professions mandate that an H-1B recipient possesses a state or local license granting them full authorization to practice the specialized occupation. If a profession in the intended state of employment necessitates such licensure, an H-1B applicant aiming for classification in that profession typically must possess the license prior to the approval of the petition, rather than at the time of petition submission. In cases where a license is obligatory but no proof of the beneficiary's licensure is provided, USCIS commonly issues a request for evidence concerning the requisite license.

Duration of Stay 

If you are admitted to the United States as an H-1B specialty occupation worker or a fashion model, your initial stay can last up to 3 years. While extensions are possible, they typically cannot exceed a cumulative total of 6 years. 

H-1B Quota 

The H-1B visa category has an annual numerical limit, or cap, of 65,000 new visas each fiscal year. An additional 20,000 petitions filed on behalf of beneficiaries with a master’s degree or higher from a U.S. institution of higher education are exempt from this cap. Moreover, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization, or a government research organization are not subject to this numerical limit. 

Family of H-1B Visa Holders

Your spouse and unmarried children under 21 years of age may apply for admission under the H-4 nonimmigrant classification. Certain H-4 dependent spouses of H-1B nonimmigrants are eligible to submit Form I-765, Application for Employment Authorization, provided that the H-1B nonimmigrant has initiated the process of obtaining employment-based lawful permanent resident status. 

This is for information purpose only. If you feel you qualify under this section, please contact us and we will be more than happy to discuss your case.