H-1B Specialty Occupations and Fashion Models

Description

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.

Eligibility Criteria

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

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