Our Skilled H1B Immigration Lawyer is Available to Consult with both Employers and their Employees to Obtain an H1B Visa for Temporary Work in the USA
The H1B Visa category applies to people from foreign countries who wish to temporarily work in a specialty occupation (such as accountants, architects, engineers, IT, computer programmers, health care professionals, physicians, and researchers), services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
H1B Visa Occupational Categories And Requirements:
- H-1B Specialty Occupations
The job must meet one of the following criteria to qualify as a specialty occupation:
- Bachelor’s or higher degree or its equivalent
- 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
- The employer normally requires a degree or its equivalent for the position
- The nature of the specific duties is 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-1B2 DOD Researcher and Development Project Worker
The job must meet both of the following criteria to qualify as a DOD cooperative research and development 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
- A bachelor’s or higher degree, or its equivalent is required to perform duties
- H-1B3 Fashion Model
The position/services must require a fashion model of prominence.
- To be eligible for this visa category you must be a fashion model of distinguished merit and ability.
Labor Condition Application (LCA)
- Prospective specialty occupation and distinguished fashion model employers must obtain a certification of a Labor Condition Application (LCA) from the Department of Labor (DOL).
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.
- The H-1B visa has an annual numerical limit “cap” of 65,000 visas each fiscal year.
- The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap.
- Additionally, H-1B workers who are petitioned for 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.
- Cap numbers are often used up very quickly, so it is important to plan in advance if you will be filing for an H-1B visa that is subject to the annual H-1B numerical cap.
- The U.S. government’s fiscal year starts on Oct. 1. H-1B petitions can be filed up to 6 months before the start date, which is generally April 1 for an October 1 start date.
Family of H-1B Visa Holders
- Your spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification.
- Family members in the H-4 nonimmigrant classification may not engage in employment in the United States.
Let Our Experienced H1B Immigration Lawyer Help With Your Temporary Worker H1B Visa
The process of obtaining a Temporary H1B Visa is quite complex and filled with potential pitfalls. If you need assistance, the H1B immigration lawyer and paralegal at Moore Law Group, P.A. can see you through the process. Time is usually of the essence when it comes to immigration, and our immigration lawyers are dedicated to working quickly to expedite your Temporary Worker H1B Visa.
Contact a skilled H1B Visa Lawyer in Baltimore, MD today to discuss your case and get your Temporary Worker H1B Visa process started!