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Employers can hire skilled foreign workers to help with their employment needs. The Immigration and Nationality Act included Section 101(a)(15)(H)(i)(b) to give employers the option to hire foreign workers if qualified American workers are not available. H-1B applies to three different classes of temporary workers. The first includes specialty occupations, requiring the temporary immigrant worker to have a four-year degree. H-1B also provides that individuals working with the Department of Defense may obtain temporary status under the act.

If you are curious about H-1B and the process of petitioning for temporary status, an Aurora H-1B visa lawyer may be able to help. To get begin discussing the details of your case, get in touch with an experienced attorney today.

How to Qualify for an H-1B Visa

H-1B regulations found in 8 CFR 214.2(h)(4)(ii) essentially mirror the Immigration and Nationality Act (INA). The regulations state that special occupants are restricted to those with a four-year degree or a foreign equivalent. The definition of an equivalent is not finite. The regulations provide several different methods of proving equivalence under the act. However, the service will review all of the facts and documentation to make a final decision. An attorney in Aurora can share their experience with H-1B visa applications and may be able to help define what documentation is essential.

What Degrees are Sufficient?

H-1B emphasizes that a temporary foreign worker’s degree must be directly related to the position’s duties. For example, under the new regulations, a software engineer would not qualify for an electrical engineering position.

Department of Defense Workers and Models

Individuals hired to work with the Department of Defense (DoD) may qualify under H-1B for temporary status. DoD workers include individuals working for a company contracted by the DoD to perform research.

Models qualify under H-1B if they have a level of acclaim and skill the service deems adequate. Evidence to prove acclaim includes the individual’s resume and opinions of experts in the field. H-1B visa lawyers may be able to determine what kind of evidence is necessary under the act.

Temporary Workers Must Secure Employment

The regulations clarify that a temporary foreign worker seeking a visa under H-1B must have a bona fide offer of employment. The new rule requires empirical evidence that the applicant will be employed before filing.

How Long Does Status Last?

In general, temporary status under H-1B is valid for three years. However, temporary workers can seek extensions for up to three more years. It may make sense to consult an Aurora H-1B visa lawyer for guidance, as there are exceptions to the general rule.

On December 7, 2020, beneficiaries working at a third-party worksite no longer have three-year temporary work visas. DHS implemented a one-year limit on the validity of applications for third-party foreign workers under H-1B. The one-year limitation applies to all workers under H-1B that work at a third-party site. The new rules regarding third-party workers apply to any worker that sets foot on a third-party worksite.

DHS Inspections and Investigations

Sections 103(a) and 287(b) of the INA outline DHS authority, and a new rule will expand on the Department’s authority to conduct on-site investigations at multiple locations. DHS made changes to 8 CFR 214.2(h)(4)(i)(B)(7)(i) and 8 CFR 214.2(h)(4)(i)(B)(7)(iii) to elaborate on the scope of inspections and the penalties of non-compliance. If an employer refuses to provide information or cooperate with an investigation, USCIS can deny the H-1B application immediately.

Aurora H-1B Visa Attorneys Are Here to Help

H-1B presents challenges for petitioners and applicants. There is uncertainty regarding the strictures of the INA and associated regulations. Petitioners and applicants should seek help from an Aurora H-1B Visa lawyer before proceeding with an application. Aurora visa lawyers are working hard to evaluate each application.

Many employers do not have the time or resources to petition for workers under H-1B. If you are an employer looking to hire skilled foreign workers, get help from a visa lawyer with experience. It will be necessary for employers to be aware of future changes to the H-1B regulations. Contact a visa lawyer today to help ensure you have the information you need to file an H-1B application as a petitioner.

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