All applications for the H-1B submitted after the cap is met ARE REJECTED !!

The United States Citizenship and Immigration Services (USCIS) instituted a 'lottery' system for accepting applications because more than 65,000 regular H-1Bs were received on the first possible day of filing. 

Timely filed cases that are not chosen through the LOTTERY SYSTEM are rejected. 

Some categories of employers are exempt from the cap limitations. These include US institutions of higher education, university affiliated nonprofit entries, and nonprofit or governmental research organizations. 

If the employee is in the US, a change of status from F-1 to H-1B within the US may be obtainable. 

If the employee is outside the US, the employee applies for an H-1B visa at a US consulate and enters the states with a H-1B status

• Theoretical and practical application of a body of highly specialized knowledge; and
• Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

The position must also meet one of the following criteria to qualify as a specialty occupation:

• Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the particular position
• The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, 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.*

For you to qualify to perform services in a specialty occupation you must meet one of the following criteria:

• Hold a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university
• Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university
• Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment

Have education, specialized training, and/or progressively responsible experience that is equivalent to the completion of  a U.S. bachelor’s  or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.**

Yes. The prospective petitioner must include a Form ETA-9035/9035E, Labor Condition Application (LCA) certified by the Department of Labor (DOL), with the Form I-129, Petition for a Nonimmigrant Worker. See the links to the DOL’s Office of Foreign Labor Certification and USCIS forms to the right.

For more information see the Information for Employers & Employees page.

DOD Researcher and Development Project Worker

The job must require a bachelor’s or higher degree, or its equivalent, to perform the duties.  The petition must be accompanied by:

1. A verification letter from the DOD project manager for the particular project stating that the beneficiary will be working on a cooperative research and development project or a coproduction project under a reciprocal Government-to-Government agreement administered by DOD. Details about the specific project are not required.
2. A general description of the beneficiary's duties on the particular project and the actual dates of the beneficiary's employment on the project.
3. A statement indicating the names of noncitizens currently employed on the project in the United States and their dates of employment and the names of noncitizens whose employment on the project ended within the past year.

To be eligible for this classification you must have a baccalaureate or higher degree or its equivalent in the occupational field in which you will be performing services. This requirement can be met based on one of the following criteria:

• Hold a U.S. bachelor’s or higher degree required by the duties from an accredited college or university
• Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree from an accredited college or university
• Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the duties of the job and be immediately engaged in that specialty in the state of intended employment
• Have education, specialized training, or progressively responsible experience in the specialty that is equivalent to the completion a U.S. bachelor’s or higher degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.**

H-1B3

Fashion Model

The position/services must require a fashion model of prominence.

To be eligible for this visa category you must be a fashion model of distinguished merit and ability.

Yes. The prospective petitioner must include a  Form ETA-9035/9035E, Labor Condition Application (LCA) certified by the Department of Labor (DOL), with the Form I-129. See the links to the Department of Labor’s Office of Foreign Labor Certification and USCIS forms to the right.

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