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H-1B VISA - PERSON IN SPECIALTY OCCUPATION
H-1B Visa Eligibility Criteria - Job
To qualify for an H-1B visa, the job must meet one of the following criteria to qualify as a specialty occupation:
- Bachelors or Higher Degree - or its equivalent is normally the minimum entry requirement for the position.
- Degree is Required for the Job - 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.
- Employer Requires a Person with Degree - the employer usually requires a degree or its equivalent for the position.
- Specialized Duties - the nature of the specific duties are 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.
H-1B Visa Eligibility Criteria - Applicant
To accept a job offer in a specialty occupation you must meet one of the following qualifying criteria:
- US Bachelors Degree - have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university.
- Foreign Degree - hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation.
- State License - 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.
- Education, Training or Experience equivalent to a Degree - 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.
H-1B Application Process
The following steps are required to apply for an H-1B visa:1. Labour Condition Application - Specialty occupation and Fashion model employers must obtain a certification of an LCA from the Department of Labor (DOL), which protects the workers rights to fair wages and working conditions.
2. Form I-129 - Employer submits completed Form I-129 (Petition for a Non-Immigrant worker) to the appropriate USCIS Service center.
3. Prospective Worker applies for Visa - Prospective worker applies for the H-1B visa and admission at the US Consulate, in their country of residence.
H-1B Cap Count - FY 2019
On 6 April 2018, USCIS reached the congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019. USCIS also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption (the master’s cap). Note that USCIS will continue to accept and process petitions that are otherwise exempt from the cap.H-1B Regular Cap - Cap Amount is 65,000.
H-1B Masters Exemption - Cap Amount is 20,000.
Workers not subject to the Cap - the following H-1B workers are not subject to the Cap: petitioned or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization.
H-1B2 Visa - DOD Researcher and Development Project Worker
To qualify as a DOD Researcher and Development Project Worker, the job must meet both of the following criteria:1. Government to Government Agreement for Research Project - 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. Bachelors or Higher Degree - A Bachelors or higher degree or its equivalent is required to perform the duties.
H-1B3 Visa - Fashion Model
The position or services must require a Fashion Model of 'prominence'.Distinguished Merit - The applicant must be a Fashion Model of 'distinguished merit and ability'.
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