How to apply for H1B Visa? USA Immigration
H-1B Specialty Occupations
Employer Petition or Form
Form I-129 Petition for a Nonimmigrant Worker. Refer to the Form I-129 filing instructions for information on who may file the petition, where and when to file the petition, and what supporting documents to include with the filing.
Supporting Documents
Your employer must submit the following documents with Form I-129:
• A certified Labor Condition Application from the Department of Labor
• Evidence that offered job qualifies as a “specialty occupation” as defined by regulation
• Evidence that you have the required degree which may be in the form of a copy of your
U.S. baccalaureate or higher degree
Foreign degree which has been determined to the be the equivalent to the U.S. degree
Evidence of education and experience which could be considered the equivalent to the required U.S. degree
Required license or other official permission you will need in order to practice the occupation in the state of your intended employment
Written contract between you and your employer or a summary of the terms of any oral agreement under which you will be employed.
_______________________________________
H-1B2 -Department of Defense Researcher
Employer Petition or Form
Form I-129 Petition for a Nonimmigrant Worker. Refer to the Form I-129 filing instructions for information on who may file the petition, where and when to file the petition, and what supporting documents to include with the filing.
Supporting Documents
Your employer must submit the following documents with Form I-129:
A description of the proposed employment and evidence the work you will do is of an exceptional nature and relates to a cooperative research and development project administered by the U.S. Department of Defense
• A statement listing the names of all aliens who are not permanent residents who have been employed on the same project within the past year, along with the dates of their employment.
Note: A certified Labor Condition Application (LCA) from the Department of Labor is not required for this category.
_____________________
H-1B3- Fashion Model
Employer Petition or Form
Form I-129 Petition for a Nonimmigrant Worker . Refer to the Form I-129 filing instructions for information on who may file the petition, where and when to file the petition, and what supporting documents to include with the filing.
Supporting Documents
Your employer must submit the following documents with Form I-129:
• A certified Labor Condition Application (LCA) from the U.S. Department of Labor
• Evidence that you are nationally or internationally recognized in the field of fashion modeling. Such evidence must include two of the following (photo-copies are acceptable)
• National or international recognition in the form of major newspaper, trade journals, magazines, or other published material
• Evidence that you have performed services as a fashion model for employers with a distinguished reputation
• Evidence that you have received recognition for significant achievements from organizations, critics, fashion houses, modeling agencies or other recognized experts in the field
• Evidence that you have commanded a high salary or other substantial remuneration for modeling services, as shown by contracts or other reliable sources
• Evidence from your employer that establishes that the modeling services you will perform require a fashion model of distinguished merit and ability and either:
Involve an event or production which has a distinguished reputation
Your modeling services are for an organization or establishment that has a distinguished reputation or record of employing models of distinguished merit and ability.
____________________________
Your U.S. employer must obtain a certification of a labor condition application (LCA) from the Department of Labor (DOL). This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, and other sanctions to your employer. The application requires the employer to attest that it will comply with the following labor requirements:
• The employer will pay you a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for your position in the geographic area in which you will be working.
• The employer will provide working conditions that will not adversely affect other similarly employed workers. At the time of the labor condition application there is no strike or lockout at the employer place of business. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of business.
Period of Stay
As an H-1B nonimmigrant, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply.
If your employer terminates you before the end of your period of authorized stay, the employer will be liable for the reasonable costs of your return transportation. If you voluntarily resign your position you have not been dismissed and your employer is not responsible for the costs of your return transportation. If you believe that your employer has not complied with this requirement, you must contact the Service Center which approved your petition in writing.
H-1B Cap
The H-1B visa has an annual cap of 65,000 each fiscal year. However, H-1B workers who are sponsored by 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 are not subject to this numerical cap.
For further information about numerical caps, see the “Information for Employers & Employees” link to the left.
Family of H-1B Visa Holders
Your spouse and unmarried children under 21 years of age are entitled to H-4 classification. Your dependents may not be employed under the H-4 classification.
Last updated: 10/28/2009 http://www.uscis.gov/
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