H-1B Visas for Temporary Workers

Your employer or agent may file a petition to classify you as an H-1B temporary worker if you work in a specialty occupation, engage in cooperative research and development projects administered by the U.S. Department of Defense, or are a fashion model of distinguished merit and ability

Who is eligible?

There are three types of individuals who may have petitions filed on their behalf under the H-1B category.

• Specialty Occupations. Typically, companies file for individuals to come to the United States to perform services in specialty occupations. These positions normally require bachelor’s degrees (or higher) in a specialty field.

• Department of Defense Cooperative Research and Development Projects. Individuals who will be engaged in cooperative research and development projects administered by the U.S. Department of Defense are eligible.

• Fashion Models. Individuals who are fashion models of distinguished merit and ability are eligible.

Below are some key requirements that you must meet to be classified as an H-1B Temporary Worker:

• You must have an employer-employee relationship with the petitioning U.S. employer.

• Your job must qualify as a specialty occupation by meeting one of the following criteria:

  • A bachelor’s or higher degree, or its equivalent is normally the minimum requirement for the particular position;

  • The degree requirement is common for the position in the industry, or 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;

  • The employer normally requires a degree or its equivalent for the position; or

  • 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.

• Your job must be in a specialty occupation related to your field of study.

• The petitioning employer must submit evidence that a labor condition application (LCA) has been certified by the U.S. Department of Labor.

• You must be paid at least the actual or prevailing wage for your occupation, whichever is higher.

• An H-1B visa number must be available at the time of filing the petition, unless the petition is exempt from numerical limits.

How to Apply

To begin the petition process the employer must:

• Complete the Form I-129, Petition for Non-Immigrant Worker.Review the instructions for the Form I-129 and complete the Form I-129 and related Supplements.

• Submit the Filing Fee(s).Include the appropriate filing fee with the Form I-129, including the biometric services fee (if applicable). Refer to Form I-129 instructions for further details.

• Submit Evidence.Include all required initial evidence and supporting documentation.

• Sign and File the Form I-129.File the petition at the correct filing location according to form instructions.

Note: The initial duration of stay in the United States can be up to three years with subsequent renewals not to exceed six years, with certain exceptions.

What Happens After You Apply

Once USCIS receives your Form I-129, we will process your petition and you and the employer will then receive:

• A receipt notice for your Form I-129, Petition for Nonimmigrant Worker, and
• A notice for your biometric services appointment date.
• A written notice of a decision.

We have guided many clients – both employers and workers – through the H-1B Visas for Temporary Workers application process. If you have questions about the H-1B Visas call 718-407-0871 to schedule a consultation with out top rated immigration attorney.