H-1B Specialty Occupations and Fashion Models
The H-1B nonimmigrant classification is available to workers in specialty occupations, certain workers for the U.S. Department of Defense or services as a distinguished fashion model.
Your spouse and unmarried children under 21 years of age may seek admission under the H-4 nonimmigrant classification.
The job must meet one of the following criteria to qualify:
- Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
- 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
You must meet one of the following criteria to qualify for the job offer:
- Have completed a U.S. bachelor’s or higher degree from an accredited college or university required by the specific specialty occupation
- Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
- Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
- Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
For Fashion Models only:
- The position must require a fashion model of prominence
- Must have distinguished merit and responsibility
Length of Stay
The maximum initial stay on an H-1B visa is three years. Extensions may be requested but cannot exceed a period of six years. In certain circumstances, individuals who have pending or approved I-140 (Immigrant Petition for Alien Worker) petition can extend their H-1B status beyond six years.
What We Do
- Prepare a thorough H-1B Petition with evidences required
- Review Petitions to identify potential concerns that may affect the outcome of the application
- Provide guidance in maintaining the H-1B status, changing employer or Specialty Occupation
- Provide assistance to H-1B holders within the United States that wish to extend their visa, apply for a Change of Status or Adjustment of Status
- Assist with situations where the Immigration Service requests additional evidence (RFE)
- Assist with filing PERM Applications for EB-2 or EB-3 permanent residence