The H-1B visa for the United States allows foreigners to work in the US, 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.
What are the eligibility criteria for H-1B Specialty occupations?
The job must meet one of the following criteria to qualify as a specialty occupation:
1. Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position.
2. 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.
3. The employer normally requires a degree or its equivalent for the position.
4. 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.
5. Labour Condition Application - The prospective employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker.
For the visa applicant to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:
A. Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university.
B. Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation.
C. 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.
D. 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.
What are the eligibility criteria for H-1B2 DOD Researcher and Development Project Worker?
The job must meet both of the following criteria to qualify as a DOD cooperative research and development project:
1. 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.
2. A bachelor’s or higher degree, or its equivalent is required to perform duties.
3. Labour Condition Application (LCA) is not required.
What are the eligibility criteria for the H-1B3 Fashion Model?
A. The position/services must require a fashion model of prominence.
B. To be eligible for this visa category you must be a fashion model of distinguished merit and ability.
C. Labour Condition Application (LCA) is required.
What is the H-1B application process?
1. Employer Submits LCA to DOL for certification.
2. Employer Submits Completed Form I-129 to USCIS.
3. Prospective Workers Outside the United States Apply for Visa and/or Admission.
How long can you stay in the US on an H-1B visa?
You may be admitted to the US, as a non-immigrant, on the H-1B for up to 3 years. You can get a visa extension, but it is not usual for the visa to go beyond 6 years duration.
What is the H-1B Cap?
Annually, the H-1B visa has a numerical limit "cap" of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap.
For advice and assistance with your H-1B visa application to work in the US, contact VisaConnect's qualified US Attorney's:
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