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H-1B VISA - PERSON IN SPECIALTY OCCUPATION

H-1B Visa

The H-1B Program permits US companies 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. The principal applicant may also seek admission to the United States for family members, including the applicant's spouse and children under 21 years, in the H-4 non immigrant classification.

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:

H-1B Visa Eligibility Criteria - Applicant

To accept a job offer in a specialty occupation you must meet one of the following qualifying criteria:

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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