Immigration Law
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H1-B Visas

An H-1B is 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 bachelor's or higher degree in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States. The I-129 petition must be filed by the U.S. employer and must be filed with:

• Evidence that a labor condition application has been filed with the U.S. Department of Labor;
• Evidence that the proposed employment qualifies as a specialty occupation;
• Evidence showing that the alien has the required degree by submitting either:
  • A copy of the person's U.S. baccalaureate or higher degree as required by the specialty occupation;
  • A copy of a foreign degree and evidence that it is equivalent to the U.S. degree; or
  • Evidence of education and experience that is equivalent to the required U.S. degree.
• A copy of any required license or other official permission to practice the occupation in the state of intended employment; and a
• A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed.

Some general terms and conditions of the H-1B classification:

• Work authorization for H-1B foreign specialty workers is employer-specific (i.e. limited to employment with the approved employer/petitioner). A change of employer requires a new H-1B petition; under some circumstances, a nonimmigrant that was previously issued an H1-B Visa or provided H1-B nonimmigrant status may begin working for a new H1-B employer as soon as the new employer files a "non-frivolous" H1-B petition for the nonimmigrant.
• Multiple employers require multiple H-1B petitions.
• The employer is responsible for return transportation costs for an employee terminated prior to the end of the approved period of employment.
• H-1B foreign specialty workers are not required to maintain foreign residence and may seek permanent residence in the U.S.

Dependents:
Dependents (spouses and unmarried children under 21 years of age) of H-1B workers are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification.

Including more than one worker in a petition:
Each I-129 petition may only include one worker.

H-1B1 Specialty Occupations:
The H-1B1 category applies to an alien coming temporarily to perform services in a specialty occupation which requires the theoretical and practical application of highly specialized knowledge requiring completion of a specific course of higher education.

Document Requirements for H-1B Classification Petition:
The petition (Form I-129) should be filed by the U.S. employer with:

• A certified labor condition application from the U.S. Department of Labor;
• Copies of evidence that the proposed employment qualifies as a specialty occupation;
• Evidence the alien has the required degree by submitting either:
  • A copy of the individual's U.S. baccalaureate or higher degree which is required by the specialty occupation;
  • A copy of a foreign degree determined to be equivalent to the U.S. degree; or
  • Copies of evidence of education and experience which is equivalent to the required U.S. degree;
• A copy of any required license or other official permission to practice the occupation in the state of intended employment; and
• A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed.

H-1B2 Research and Development Project:
The H-1B2 category applies to an alien coming temporarily to perform services of an exceptional nature relating to a cooperative research and development project administered by the Department of Defense.

Petition Document Requirements:
The petition (Form I-129) must be filed by the U.S. employer and must be filed with:

• A description of the proposed employment and evidence the services and project meet the above conditions; and
• A statement listing the names of all aliens who are not permanent residents who have been employed on the project within the past year, along with their dates of employment

Note: this category does not require an LCA.

H-1B3 Fashion Model:
The H-1B3 category applies to a fashion model who is nationally or internationally recognized for achievements, to be employed in a position requiring someone of distinguished merit and ability.

Call Garg and Associates today at 281-362-2865 or complete our Contact Form and let us assist you with your immigration needs.