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Many employers are unaware that qualified, skilled foreign workers are eligible to work in the United States under H-1B of the Immigration and Nationality Act. The act enumerates several different classes of temporary workers that can apply for a temporary visa. H-1B applies to foreign workers employed in a specialty occupation as defined by the act. If you need skilled workers, and there are none available in the domestic workforce, consider hiring skilled foreign workers under H-1B.

Your company should consult a Bolingbrook H-1B visa lawyer to help with the process of hiring temporary workers under Section H-1B. Visa lawyers understand how to get through United States Citizenship and Immigration Services (USCIS) procedures efficiently and could help answer any questions you have about a particular circumstance. Call today to learn more.

Who Qualifies Under H-1B?

H-1B includes three categories of workers. Each of these categories has general requirements that must be met by each applicant.

The first category under H-1B includes workers with specialized experience and expertise. The second category includes workers who perform research and development activities on behalf of or in conjunction with the Department of Defense (DoD). The final category under H-1B includes fashion models that have achieved significant success or prominence. Experienced visa lawyers can help determine if an H-1B application is appropriate for a particular employee.

H-1B Specialty Occupations

Specialty workers under this classification usually need a baccalaureate in a specific field to qualify. The exception to this rule outlined in the INA includes individuals who have expertise or experience commensurate with a four-year degree. There are additional considerations and requirements, and a Bolingbrook H1-B visa lawyer can provide more information about specialty occupations. Petitioners must include a labor petition application (form ETA-9035/9035E) when form I-129 is submitted.’

DoD Researchers

Under this classification, temporary workers must be collaborating with the DoD on a research and development project. Project managers must submit a letter from the DoD stating that the temporary worker will participate in a research and development project. Similar to the specialty occupations category, the temporary worker applying for the visa must have a bachelor’s degree or a combination of education and experience equivalent to a four-year degree.


USCIS describes a qualified model as one with “prominence.” Models should consult with a Bolingbrook H1-B visa lawyer to ensure their accomplishments are significant enough to fall into this category. In general, models must achieve a specific level of notoriety to qualify.

Who May Accompany an H-1B Visa Holder?

The holder of an H-1B visa may seek to have a spouse accompany them. Additionally, unmarried children that have not yet turned 21 may accompany the visa holder. Under certain circumstances, other family members may accompany the visa holder.

A Bolingbrook H-1B Visa Attorney Could Help

While the majority of H1-B applications succeed, USCIS initially denies more than 23,000 applications each year. USCIS denies up to ten percent of all applications. Employers should take steps to improve the efficiency of the application process.

Initial denials can cause delays in administrative processing time that could affect your project. Bolingbrook H1-B visa lawyers will work tirelessly to help you get through each application. The law surrounding H1-B is not as cut and dry as the information provided by USCIS suggests. Contacting a visa lawyer could be the difference between a successful application and a denial.

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