Section H-1B of the Immigration and Nationality Act (INA) temporarily provides foreign workers the opportunity to work in the United States. The INA also provides U.S. employers with the ability to hire foreign workers in positions that could not be filled by U.S. citizens. Under the act, several types of workers qualify, which are enumerated below. The INA and H-1B provide protections for American workers as well. H-1B is only an option if the employer fails to find qualified employees in the United States.
If you are petitioning for a foreign worker, it might make sense to contact a Wheaton H-1B visa lawyer to assist you with the process. Avoiding initial denials and requests for information (RFEs) will help you get a resolution quicker, and qualified visa attorneys will be with you throughout the process.
H-1B Visa Categories
Workers with specialized experience, Department of Defense (DoD) researchers, and models may qualify under section H1-B. Skilled workers and DoD researchers typically need a 4-year degree to qualify. The service may consider experience deemed to be equivalent to a degree in a specialized field.
Specialty Workers and Equivalence
Specialty workers need a four-year degree in a designated field or a foreign equivalent to qualify. If the applicant does not have a degree, the applicant needs to provide evidence that the service deems acceptable in lieu of a Baccalaureate degree. Employers also need to make sure that the applicant’s degree correlates with the duties of the position. For example, a pediatrician would not be qualified to work as a veterinarian. While both jobs require a doctorate, the responsibilities of the position do not correlate. An H1-B visa attorney in Lombard can define the law’s intricacies and could be able to determine if an individual without a degree meets the equivalency conditions.
Is a Labor Condition Application Required?
USCIS does not require labor condition applications for DoD researchers, but specialized workers and models must submit the application. Petitioners should complete Form ETA-9035/9035E to fulfill the requirement.
What Models Qualify?
In 8 CFR §214.2, a distinguished model is defined as a model with both skill and recognition. The regulations further state that the model must be renowned or well-known. The applicant may present several forms of evidence in an attempt to prove renown in the modeling community. The regulations do not clearly define what a distinguished model needs to accomplish to meet the requirements of H1-B, but the service will take a holistic approach to evaluate each applicant. Visa lawyers may be able to help determine the evidence necessary to qualify.
Contact a Wheaton H-1B Visa Attorney Today
H-1B provides an excellent opportunity for employers who need skilled employees not present in the Wheaton workforce. Foreign Workers with a four-year degree will likely meet the requirements of H-1B for a special occupation. Employers should be wary of hiring workers that do not have a four-year degree without understanding what is equivalent under the statute and regulations. Employers should learn more about the potential benefits of hiring employees under H-1B.
The law applicable to H-1B applications is vast and can be confusing for first-time petitioners. A Wheaton H-1B visa lawyer can help you dissect the statutes and guide you through the application process. Contacting a visa attorney can help you make sure you are proceeding appropriately with each petition.