H-1B Petition

 

 

The H-1B category is limited to alien workers filling positions in "specialty occupations" or as a fashion model for which the alien workers have the necessary credentials. A "specialty occupation" is defined by the INA as an occupation that requires:

 

  • Theoretical and practical application of a body of highly specialized knowledge; and

  • attainment of a bachelors or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

 

Qualified Alien Workers:

 

  • At a minimum, an alien in a specialty occupation must document that he or she has full state licensure to practice in the occupation, if such licensure is required to practice.

  • The alien must also establish that he or she has completed the degree required as the minimum standard for entry into the occupation in the United Stets, or has experience in the specialty equivalent to the completion of such degree and recognition of the expertise in the specialty through progressively responsible positions in the occupation.

 

Qualified Employers:

 

  • The employer seeking the services of an H-1B alien and filing the necessary papers to obtain such services must be a “U.S. employer.” A person, firm, corporation, contractor or other association or organization in the United States with an IRS tax ID number can be a petitioner.

  • The employers need to pay the alien workers the wages not lower than the prevailing wage (PW). Therefore, the employers need to show that they have the financial ability to pay the alien workers.

  • The employers need to obtain an approved labor certification application (LCA) from the labor department before filing the H-1B petition to the USCIS. The employers have ongoing obligations as stated on the LCAs. Please note, a filing notice of LCA is required for the procedures.

 

Procedures:

 

  • Determine the credentials of the alien worker.

  • Determine the financial ability of the employer and the position offered to the alien worker.

  • Determine the PW and obtain the LCA approval. LCA filing notice should be made after the employer filed the LCA. Employer should keep a copy of public file for reviewing by any interested parties.

  • File petition to USCIS for approval.

 

 

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