The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability. The H-1B category is designed to attract skilled professionals in a specialty occupation to work in the U.S. on a temporary basis. In an H-1B application process, the employer is the petitioner while the alien is the beneficiary. The alien must possess at least a bachelor's degree or its equivalent. The H-1B is suitable for
- Foreign professionals with specialized knowledge, such engineers, professors, researchers, software programmers and other foreign professionals.
- Foreign nationals entering the U.S. to offer exceptional services relating to cooperative research and development projects administered by the U.S. department of defense
- Professional Nurses entering the U.S. to perform complex job duties or supervise nursing operations
- Distinguished fashion models A maximum of 65,000 H-1B Visas are issued every year. In addition, 20,000 foreign workers who obtained advanced degree in the U.S. are exempted from the 65,000 cap.
The U.S. employer must offer employment in a specialty occupation, either on a full or part time basis. The U.S. branch or subsidiary of a foreign company is considered as a “U.S. employer” for H-1B purposes if its U.S. entity meets the following requirements: 1) it engages a person to work within the U.S.; 2) it has the authority to hire, pay, fire, and supervise employees; and 3) it has an IRS Tax ID Number, also known as Employer ID Number (EIN). An H1B classification may be granted to an alien who will perform services in a specialty occupation which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a baccalaureate or higher degree or its equivalent as a minimum requirement for entry into the occupation in the United States, Examples of specialty occupations include: architecture, accounting, computer analysts, programmers, database administrators, web designers, engineers, mathematics, financial analysts, doctors, nurses, scientists, architects and lawyers; When determining whether a specific position is a “specialty occupation”, the USCIS will look into the job title, the job duties to be performed by the foreign worker, and the complexity of the business, etc. It is not enough that an employer requires bachelor’s degree for a specific position. Pertinent laws set some objective standards for determining whether a specific occupation requires a bachelor’s degree for entry into the occupation.
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