NRILinks Immigration
H-1B - Specialty Occupation Workers
 

Aliens coming to the United States to perform services in "specialty occupations" for which the aliens hold the requisite qualifications, as well as alien fashion models of distinguished merit and ability," are classified as nonimmigrant under Section 101(a)(15)(H)(I)(B) of the INA, 8 U.S.C.Section 1101 (a)(15)(H)(I)(B). The term "specialty occupation" is defined in basically the same manner as "professional" was defined by INS regulation prior to the extensive revision of the H-1B category by the 1990 Act and the 1998 Omnibus Act. Excluded from the H-1B category are entertainers and athletes, who must seek classification in the H-2B, O or P categories.

 

The H-1B category also includes aliens of exceptional merit and ability who will work on cooperative projects under government to government agreements administered by the Secretary of Defense. The new American Competitiveness Act in the Twenty-First Century Act (AC21) raised the number of available H1-B visas (the "cap") to 195,000 for each fiscal year from 2001 through 2003. In addition to the usual petition requirements applicable to all H-category non-immigrants, the H-1B category has the additional requirement of a labor condition application (LCA) which must be filed with the DOL prior to the filing of a petition with INS.

 
INFORMATION REQUIRED FOR H1B VISA

Following is a list of information that is generally required from a sponsoring employer and foreign national in order to obtain a H1B visa. Please send the information listed below to the appropriate Hammond & Associates office location to the attention of your case attorney for review.

Information Needed from the Employer
  1. Copy of the Company Brochure and Annual Report;(Written company description ).
  2. Year Company was Established;
  3. Current Number of Employees; and
  4. Company's Gross Annual Income.
Information Needed from the Foreign National who is in the U. S.
  1. Current address, home, work and fax phone numbers;
  2. Current Resume;
  3. Copy of most recent payroll statement (only if currently on H1B status);
  4. Copy of College Diploma(s);
  5. Copies of College Transcripts;
  6. Copies of Secondary School Certificates and mark sheets (for Indian and Mexican applicants);
  7. Clear copy of passport (all pages, including blank pages, and front and back covers);
  8. Social Security Number;
  9. Name of the contact person at the company along with a current telephone and fax number.
NOTE: The items below may or may not apply.
  1. I-20 ID (front and back);
  2. Work Authorization Card (front and back, with expiration date clearly legible);
  3. Copy of all prior H1B approval Notice(s); and
  4. Copy of passports, I-94 cards, and Social Security Numbers for any family members who wish to apply for H-4 status/extension.
Information Needed from the Foreign National who are not in the U. S.
  1. Clear copy of College Diploma(s), Degree, etc...;
  2. Clear copy of College Transcripts or mark sheets;
  3. Clear copy of passport (all pages, including blank pages, and front and back covers);
  4. Current Resume;
  5. Copy of Employment Verification Letter from past employer;
  6. Dates of prior stays in the U.S. on either an H, F, L, or J visa; and
  7. Current address, phone number, and fax number.


Required Documents for H1B Visa Stamping
  1. An application Form OF-156, completed and signed. Blank forms are available without charge at all U.S. consular offices;
  2. A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application
  3. One photograph 1 and 1/2 inches square (37x37mm) for each applicant, showing full face, against a light background
  4. A notice of approval, Form I-797
  5. A Labor Condition Application accepted by the Department of Labor.
  6. A description of the position from the US employer, confirming that the position is temporary, and including full details of why it is a "specialty" occupation. This should also confirm that the candidate will be a direct employee, and the salary level. Further, some information about the nature of the employer's business should be included.
  7. Proof of the candidate's qualifications such as certified copies of qualifications, including, where appropriate, confirmation of the US equivalency of any foreign qualifications. This confirmation of non-US qualifications is generally obtained by a qualified credentials evaluator or US academic, and must be accompanied by verbatim translations of any certificates/transcripts in languages other than English.
  8. A copy of the candidate's résumé (curriculum vitae).
  9. Copies of the candidate's previous passports, visa stamps, and I-94, if applicable.
  10. Copies of work authorization cards, I-20, and IAP-66 forms, if applicable
  11. Details of the candidate's Social Security Number, if applicable
  12. Details of the candidate's foreign address
  13. A copy of the employment offer letter.
  14. If relevant, a license enabling the candidate to work in the US.


Documentats Required to convert from H4 to H1B
  1. Original I-797 .(or, approved petition).
  2. Copy of I-129 ( petition filed for H-1B).
  3. Copy of Labor Form.
  4. Copy of latest pay stubs.(Carry all of them to be on the safe side).
  5. Copy of degree evaluation done by your employer when filing for your H-1.
  6. All original transcripts with copies.
  7. Letter from Human Resource stating your designation, salary ,duration and nature of work.
  8. Attested copy of marriage certificate. Take the original along with you too if you have it.
  9. All your passports and I-94s along with the latest I-94.
  10. Passport must be valid for atleast 6 months more than the date of expiry of H-1.
  11. Letters of reference from your last job if any.
  12. Offer Letter from your company.
  13. Completed application form.
  14. Passport size photo.
  15. visa Fee.


Frequently Asked Questions