I. SUMMARY
II. WHAT IS H-1B STATUS?
III. WHO QUALIFIES FOR H-1B VISA
IV. WHAT FORMS DO I USE TO APPLY?
V. FAMILY MEMBERS
VI. FEES TO INS/CONSULATE
VII. PROCEDURE
These are temporary worker visas. You are only authorized to stay and work in the United States initially up to three years, with an extension for up to three more years. Every year the American government issues a limited number of these types of visas every year. For 2001, 2002, 2003 the number of visas available is 195,000. After 2003, the number of these visas was reduced back to 65,000. Please understand that even if you are issued a visa, the U.S. Citizenship & Immigration Services (USCIS), can deny you entry into the U.S. if they find that you are inadmissible under American law.
Persons applying for these types of visas are non-immigrants. This means that you are allowed to live and work in the U.S. temporarily.
It is a non-immigrant visa that allows you to work temporarily for a U.S. Employer. Upon expiration of your non-immigrant visa you must leave the country.
III. WHO QUALIFIES FOR H-1B VISA?
A. An H-1B1 Visa is for an alien coming temporarily to perform services in a specialty occupation. A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and requires the attainment of a minimum of bachelor's or higher degree in the specialty to perform the job in the United States.
Specialty Occupation: You must meet the following requirements in order to qualify for this category:
1. You must have a bachelor's degree or higher is the entry-level requirement in your field;
2. The degree prerequisite is accepted throughout the industry in similar positions among comparable companies;
3. If no such degree is required by the industry, your employer can show that the specific job is so complicated or unique that a degree is required;
4. You employer normally requires a minimum of a baccalaureate degree for the position;
5. The level of accountability and command involved in the job is usually identifies with professional reputation.
B. An H-1B3 Visa is for a Fashion Model who has national or international acclaim and recognition, coming to be employed in a position requiring such a level of acclaim and recognition.
Supporting documents:
1. Evidence of national or international acclaim and recognition (reviews in published material);
2. Discharge of services as a fashion model for employers with a well-known reputation;
3. Acknowledgment for noteworthy accomplishment from organizations, commentators, fashion houses, modeling agencies or other accepted experts; and
4. A high salary or other sizable compensation for services as shown by contracts or other evidence.
IV. WHAT FORMS DO I USE TO APPLY?
A. FORM I-129: Your prospective employer will need to file Form I-129- Petition for Non-Immigrant Worker on your behalf and its H supplement.
B. LABOR CONDITION APPLICATION (LCA): Your prospective employer will need to obtain an approved LCA – Form 9035 with the Department of Labor.
C. SUPPORTING DOCUMENTATION:
Written employment contract with your employer;
Supporting letter from the petitioning employer;
Evidence showing that the alien has the required degree or its equivalent.
V. FAMILY MEMBERS
Your spouse and unmarried children under 21 are admitted under the same classification as you are.
- Form I-129 (Filing fee Click here)
- US Employer’s Fee (over 25 employees)
- US Employer’s Fee (25 or less employees)
- Fraud Prevention Fee
EXEMPTIONS: The following organizations are exempt from payment of the filing fee:
1. Institutions of higher learning and related or affiliated non-profit organizations;
2. Non-profit or governmental research organizations;
3. Employers filing for a second consecutive extension of stay for an H-1B non-immigrant;
4. Primary or secondary education institutions;
5. Non-profit entity engaged in "established curriculum-related clinical training of students".
U.S. employers claiming exemption from payment of the filing fee on the basis of status as (a) a nonprofit organization or entity related to, or affiliated with an institution of higher education, or (b) as a nonprofit research organization must submit evidence of tax exempt status under the Internal Revenue Code of 1986, section 501(c)(3), (c)(4),or (c)(6), 26 U.S.C. 501(c)(3), (c)(4), or (c)(6); or
A. You and your prospective employer must determine that the offered employment qualifies as a specialty occupation and you are qualified to perform the job.
B. Approval of Form I-129, Non-immigrant Petition for Alien Worker:
Your employer must first file an I-129 Petition together with the Labor Condition Application (LCA) and the supporting evidence.
3. Change of Status/Consulate Processing:
If the applicant is already in the United States, he or she can remain and work in the U.S. provided that a change of status has been requested and granted by the USCIS. If the applicant is outside the United States he or she must apply for a non-immigrant visa at his or her local U.S. consulate office.
Last Updated on Tuesday, 09 August 2011 10:48