H-1B Visa

An H-1B visa is a temporary visa and applies to employers petitioning for employees to work in the U.S. in a specialty occupation. In general, a valid employer-employee relationship is determined by whether the U.S. employer may hire, pay, fire, supervise or otherwise control the work of the H-1B worker.

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H1-B VISA

An H-1B visa is a temporary visa and applies to employers petitioning for employees to work in the U.S. in a specialty occupation, like services of exceptional merit and ability relating to a Department of Defense, cooperative research and development project, or services as a fashion model of distinguished merit or ability. In general, a valid employer-employee relationship is determined by whether the U.S. employer may hire, pay, fire, supervise or otherwise control the work of the H-1B worker.

H1-B VISA REQUIREMENTS

H1B specialty ocupations

H-1B visa applies to employers petitioning for employees to work in the U.S. in a specialty occupation. The following are some of the requirements:

  • Bachelor’s degree or higher degree (or its equivalent, including foreign degrees) is the minimum entry requirement for the position.
  • the job is so complex or unique that it can only be performed by someone with at least a bachelor’s degree in a field related to the position;
  • Employer normally requires a degree or its equivalent for the position;
  • Petitioning employer has some degree of control over employee; and
  • 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.

GENERAL CRITERIA

For an employee to qualify for a job offer in a specialty occupation, he or she must meet one of the following criteria:

  1. Have a bachelor’s or higher degree by an accredited college or university (if it is a foreign degree it must be equivalent to a U.S. bachelor’s or higher degree by an accredited college or university)
  2. Hold an unrestricted state license, registration, or certification which authorizes the employee to fully practice the specialty occupation.
  3. Have education, training or professional experience in the occupation that can be equivalent to a degree,and have recognition of expertise in that occupation.
  • To apply for the H1-B visa a labor condition application is required, the employer must file form –ETA 9035 with the form I-129 (petition for nonimigrant worker)

OTHER H1B VISA CATEGORIES

H1-B2 DOD Researcher and Development Project Worker

This visa category applies to people who qualified as DOD Researcher and development project worker and the employee must meet both of the following requirements to be able to apply for an H1-B2:

  • The cooperative research or the development project is provided for under a government-to-government agreement and it is administered by the U.S. Department of Defense.
  • A bachelor’s degree or higher degree, (or its equivalent including foreign degrees) is required for the position

 GENERAL CRITERIA

For an employee to qualify for a job offer in a specialty occupation, he or she must meet one of the following criteria: (PLEASE REFER TO H1-B GENERAL CRITERIA, “they are the same for both visa categories”)

  • To apply for the H1-B2 visa, no labor condition application is required

H1-B3 Fashion Model

This visa categories applies for fashion models and to be able to qualified for this visa category, the aplicant must be a fashion model of distinguished merit and ability.

  • To apply for the H1-B visa a labor condition application is required, the employer must file form –ETA 9035 with the form I-129 (petition for nonimmigrant worker)

PERIOD OF STAY

As an H-1B, you may be admitted for a period of three years. Your time period may be extended, but generally cannot go beyond of six years.

FAMILY OF AN H1-B VISA HOLDER

H1-B visa holder can be accompanied by his family (spouse and unmarried children under 21 years old). They may seek admission under the H-4 nonimmigrant classification.

Dependent spouses of H-1B visa holders can file Application for Employment Authorization, as long as the visa holder has already started the process of seeking employment-based lawful permanent resident status.

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