H-1B PROFESSIONALS

If you are a person in a specialty occupation, fashion model of distinguished merit and ability, or person providing service related to Department of Defense, you may be working legally in the US under the H-1B visa category.

Position of specialty occupation must be:

1. a baccalaureate or higher degree or equivalent is normally the minimum requirement;
   
   
2. degree requirement is common in industry;
   
   
3. employer normally requires a degree or equivalent; or
   
   
4. the duties are so specialized and complex that knowledge required to perform the duties is usually associated with attainment of degree.
   
   

USCIS recognizes following occupations being specialty: accountant, acupuncturist, architect, chiropractor, computer programmer, systems analyst, dietician, electronics specialist, fashion designer, graphic designer, industrial designer, interior designer, investment analyst, journalist, librarian, medical technologist, minister, orthopedist, pharmacist, social worker, software design engineer, vocational counselor, and webographer.

A self-employed foreign national cannot apply an H-1B visa. However, a business owner may have the company file an H-1B on behalf of him or her.

A start-up company may sponsor an H-1B petition if it has ability to pay the prevailing wage as required in Labor Condition Application.

An H-1B worker may have more than one H-1B petition, one for full-time and one for part-time, for instance. However, one cannot hold two different non-immigrant statuses simultaneously.

Canadian and Mexican national engaged in activities at a professional level may apply TN visa on an annual basis with available indefinite extensions. However, self-employment and immigration intent are prohibited. Australian national who is seeking employment in a specialty occupation may apply E-3 visa for a period of no more than two years with available indefinite extensions. Unlike H or TN visas, dependent spouse of E-3 worker may apply work authorization.

Documents required:

• A copy of the person's U.S. baccalaureate or higher degree which is required by the specialty occupation;
• A copy of a foreign degree determined to be equivalent to the U.S. degree; or
• Copies of evidence of education and experience which is equivalent to the required U.S. degree;
• A copy of any required license or other official permission to practice the occupation in the state of intended employment; and
• A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed.

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