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An H-1B temporary worker is an alien admitted to the United States to perform services in a “specialty occupation.” The H-1B nonimmigrant classification is a vehicle through which a qualified alien may seek admission to the United States on a temporary basis to work in their field of expertise. Before employing an H-1B temporary worker, the U.S. employer must first file a Labor Condition Application (LCA) with the Department of Labor (DOL) and then file an H-1B petition with USCIS. The LCA specifies the job, salary, length, and geographic location of employment.
The H-1B WORK VISA
The H-1B program allows companies and other employers in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. H-1B specialty occupations may include architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.
This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, 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 excellence or ability.
H1B CLASSES AND THEIR ELIGIBILITY CRITERIA
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 usually 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 usually 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 attaining 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 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 equivalent to completing 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.
This visa requires a Labor Condition Application (LCA), i.e., you need a sponsor who can apply for the LCA.
H-1B2 DOD Researcher and Development Project Worker
The job must require a bachelor’s or higher degree, or its equivalent, to perform the duties. The petition must be accompanied by:
- A verification letter from the DOD project manager for the particular project stating that the beneficiary will be working on a cooperative research and development project or a coproduction project under a reciprocal Government-to-Government agreement administered by DOD. Details about the specific project are not required.
- A general description of the beneficiary’s duties on the particular project and the actual dates of the beneficiary’s employment on the project.
- A statement indicating the names of noncitizens currently employed on the project in the United States and their dates of employment and the names of noncitizens whose employment on the project ended within the past year.
To be eligible for this classification you must have a baccalaureate or higher degree or its equivalent in the occupational field in which you will be performing services. This requirement can be met based on one of the following criteria:
- Hold a U.S. bachelor’s or higher degree required by the duties from an accredited college or university
- Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree from an accredited college or university
- Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the duties of the job and be immediately engaged in that specialty in the state of intended employment
- Have education, specialized training, or progressively responsible experience in the specialty that is equivalent to the completion a U.S. bachelor’s or higher degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
This does not requires a Labor Condition Application (LCA) i.e. you do not need a sponsor who can apply the LCA.
H-1B3 Fashion Model
The position/services must require a fashion model of prominence. To be eligible for this visa category you must be a fashion model of distinguished merit and ability. This requires a Labor Condition Application (LCA) i.e. you need a sponsor who can apply the LCA.
Other Categories of USA Temporary Workers Visas
Temporary Workers
- CW-1: CNMI-Only Transitional Worker
- E-1 Treaty Traders
- E-2 CNMI Investor
- E-2 Treaty Investors
- E-3 Certain Specialty Occupation Professionals from Australia
- H-1B Specialty Occupations and Fashion Models
- H-2A Agricultural Workers
- H-2B Non-Agricultural Workers
- H-3 Nonimmigrant Trainee
- I Representatives of Foreign Media
- L-1A Intracompany Transferee Executive or Manager
- L-1B Intracompany Transferee Specialized Knowledge
- O-1 Individuals with Extraordinary Ability or Achievement
- P-1A Internationally Recognized Athlete
- P-1B Member of Internationally Recognized Entertainment Group
- P-2 Performer or Group Performing under Reciprocal Exchange Program
- P-3 Artist or Entertainer Part of a Culturally Unique Program
- Q Cultural Exchange
- R-1 Temporary Religious Workers
- TN NAFTA Professionals
WHY GEO7FLY FOR SKILLED WORKER VISA?
Geo7fly Solutions has been helping hundreds of people each year to reach their goals and fulfill their dreams. Our staff will assist you with speed, precision, and ease starting from your skill assessment. We assure you that we at Geo7fly guarantee you a smooth procession amid every single phase of your case. To discuss your eligibility for a Work Permit with our team of specialists, click on the free assessment button below.
- Geo7Fly is one of the reliable consultancy, handing Skilled Work Visas by offering professional consultancy services.
- Our professional team will consult with each client to understand their needs and interests and provide customized action plans and solutions with proper documentation.
- We help manage the whole process and representation within the legal framework of immigration to reach their personal goals.
- We create a pathway for experienced business people to start & establish
- Our mission is to add value to your career and contribute to your success. Our Counsellors are experts in providing cutting-edge solutions for Skilled Work Visas and Migration.
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