• +7 701 729 7672
  • info@bondstonelaw.com

H-1B Visa

H-1B VISA for PROFESSIONAL EMPLOYEES

WHO IS ELIGIBLE?

There are three types of individuals who may have petitions filed on their behalf under the H-1B visa category:

  • Specialty Occupations: Typically, companies file for individuals to come to the United States to perform services in specialty occupations. These positions normally require bachelor’s degrees (or higher) in a specialty field.
  • Department of Defense Cooperative Research and Development Projects: Individuals who will be engaged in cooperative research and development projects administered by the U.S. Department of Defense are eligible
  • Fashion Models: Individuals who are fashion models of distinguished merit and ability are eligible

 

H-1B VISA KEY REQUIREMENTS:

Must have an employer-employee relationship with the petitioning U.S. employer

Your job must qualify as a specialty occupation by meeting one of the following criteria:

  • A bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position;
  • The degree requirement is common for this position in the industry or the job is so complex or unique that it can only be performed by someone with at least a bachelor’s degree in a field related to the position;
  • The employer normally requires a degree or its equivalent for the position; or
  • The nature of the specific duties is so specialized and complex that the know
  • The employer must file a Labor Condition Application (LCA) with the US Department of Labor certifying H1-B employee will be paid at least the actual wage level paid by em­ployer to other employees with similar experience and qualifications for specific em­ployment or the prevailing wage level for occupation of employment, whichever is higher

 

HOW TO APPLY:

To begin the petition process the employer must:
  • Complete the Form I-129, Petition for Non-Immigrant Worker.Review the instructions for the Form I-129 and complete the Form I-129 and related Supplements.
  • Submit the Filing Fee(s).Include the appropriate filing fee with the Form I-129, including the biometric services fee (if applicable). Refer to Form I-129 instructions for further details
  • Submit Evidence.Include all required initial evidence and supporting documentation
  • Sign and File the Form I-129.File the petition at the correct filing location according to form instructions.
Note: The initial duration of stay in the United States can be up to three years with subsequent renewals not to exceed six years, with certain exceptions.

 

AFTER YOU APPLY:

Once USCIS receives your Form I-129, we will process your petition and you and the employer will then receive:
  • A receipt notice for your Form I-129, Petition for Nonimmigrant Worker
  • A notice of biometric services appointment date
  • A written notice of a decision.