Who is Eligible for an H-1B Visas?

H-1B visas are granted for specialty workers, and in some cases very specific specialties. To qualify for the broader category of specialty occupation and receive your H-1B visa, you must meet the following criteria:

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  • Bachelor’s degree or higher or an equivalent to a degree is typically required by the employee you wish to work for

  • You work in an industry in which degree requirement is common or that is so complex or unique that individuals with degrees are best qualified

  • If you wish to accept a job offer in the U.S., you must have attained from an accredited college or university a U.S. bachelor’s degree or higher which is required to perform your specific specialty occupation, have attained a foreign degree that is the equivalent to a U.S. bachelors degree or higher, have attained an unrestricted state license, registration or certification that authorizes you to perform your specialty occupation in the state you wish to be employed in, or you are recognized as an expert in your specialty and have education, training or experience that is an equivalent to degree attainment

H-1B2 Visa Eligibility

 

There are also H-1B visas, titled H-1B2 visas, that are specifically for Department of Defense research and development project workers. To obtain the H-1B2 visa, you must meet the following criteria:

  • The project is under a government-to-government agreement administered by the U.S. Department of Defense

  • A bachelor’s degree or higher or an equivalent to a degree is required in order to qualify for the role

  • You must have attained from an accredited college or university a U.S. bachelor’s degree or higher required to perform your specific specialty occupation, have attained a foreign degree that is the equivalent to a U.S. bachelors degree or higher, have attained an unrestricted state license, registration or certification that authorizes you to perform your specialty occupation in the state you wish to be employed in, or you are recognized as an expert in your specialty and have education, training or experience that is an equivalent to degree attainment

Eligibility for H-1B3 Visas

Fashion models of prominence are eligible for H-1B3 visas. To meet the H-1B3 visa eligibility requirement, you must be a fashion model of “distinguished merit and ability.”

What Is Required from Employers in Applications for H-1B and H-1B3 Visas?

For H-1B and H-1B3 visas, prospective employers must file forms on their prospective employees behalf.

For H-1B visas, prospective employers must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker.

For H-1B3 visas, prospective employers must file an approved LCA, with Form I-129.

For both H-1B and H-1B3 visas, prospective employers must first submit LCAs to the Department of Labor for certification. Upon receiving certification of the LCA, your prospective employer must then file Form I-129 Petition for a Nonimmigrant Worker to the appropriate USCIS Service Center. The form should be accompanied with the LCA certified by the Department of Labor.

Employers must agree to the following:

  • Payment of wages that is no less than wages paid to similarly qualified workers or that is the wage paid within the geographic area in which you will be employed

  • Working conditions that will not have adverse effects on other workers. There must be no strike or lockout at the employer’s business site

  • Notice of filing of the LCA with the DOL, has been shared with the union bargaining representative or has been made visible at the business site

What Must You Do to Obtain Your H-1B Visa?

Upon approval of your I-129 petition, you must apply with the U.S. Department of State (DOS) at a U.S. embassy or consulate for your H-1B visa and then you must apply to U.S. Customs and Border Protection (CBP) for admission to classification in the U.S. as H-1B.

The first form that you must correctly and completely fill out is Form DS-160, which includes a photo of you.

At the interview that you scheduled at the U.S. embassy or consulate, you will need to present the following:

  • Your receipt number that is printed on your approved Petition for Nonimmigrant Worker Form I-129 or Notice of Action, Form I-797

  • A valid passport for travel to the U.S. that is valid for at least six months beyond your intended period of employment in the U.S.

  • Your Nonimmigrant Visa Application Form DS-160 confirmation page

  • Application fee payment receipt in the case that you are required to pay before your interview or fee payment at the interview

 

Can Your Spouse and Children Accompany You in the U.S. During Your Employment?

Yes. Your spouse and unmarried, minor children are also eligible to apply for H-4 visas.

Where to Begin?

 

As you go through this emotional and demanding process, it can make a world of difference to have specialized help. At Pathak and Feldman Law, we’re here to provide caring, knowledgeable assistance from start to finish of your H-1B, H-1B2, or H-1B3 visa petition.

Call us at 818-843-1185 today to schedule a consultation!