H-1B visas are temporary work visas that allow certain foreign workers to be employed and work for a speciﬁc US employer.
H-1B visas come in three diﬀerent ﬂavors: 1) visas for workers who will work in a “specialty occupation”A “specialty occupation” is one for which the minimum educational requirement is a Bachelor’s degree., 2) visas for workers who will work as fashion models, and 3) visas for workers in certain Defense Department programs.
For a “specialty occupation” H-1B, there are two main requirements, both of which must be met. First, the position must be one in which a Bachelor’s degree is the minimum requirement for entry into the occupation. Second, the worker must have the required degree, or its equivalentFor H-1B purposes, it may be possible to substitute three years of relevant experience for each year short of a Bachelor’s degree.. So, if the H-1B worker has the bachelor’s degree, but the position is one that does not normally require the degree, it will not be possible to obtain an H-1B.
For a Fashion Model H-1B the main requirement is that the model must be “of distinguished merit and ability.”
There are a lot of other requirements, some of which tend to change from year to year, and from USCIS oﬃce to USCIS oﬃce.
Obtaining an H-1B is a complex process. A review of cases appealed to the Administrative Appeals Oﬃce reveals that cases ﬁled without the assistance of an attorney tend to get denied.
Our oﬃce has extensive experience in successfully ﬁling H-1B petitions. Contact our oﬃce to get started.