H-1B Visas for Temporary Workers

Your employer or agent may file a petition to classify you as an H-1B temporary worker if you work in a specialty occupation, engage in cooperative research and development projects administered by the U.S. Department of Defense, or are a fashion model of distinguished merit and ability.

Classification

There are three types of individuals who may have petitions filed on their behalf under the H-1B category.
  • Specialty Occupations
Typically, companies file for individuals to come to the United States to perform services in specialty occupations. These positions normally require bachelor’s degrees (or higher) in a specialty field.
  • Department of Defense Cooperative Research and Development Projects.
Individuals who will be engaged in cooperative research and development projects administered by the U.S. Department of Defense are eligible.
  • Fashion Models. 
Individuals who are fashion models of distinguished merit and ability are eligible.

Below are some requirements that you must meet to be classified as an H-1B Temporary Worker:
  • You must have an employer-employee relationship with the petitioning U.S. employer.
  • Your job must qualify as a specialty occupation by meeting one of the following criteria:
  1. A bachelor’s or higher degree, or its equivalent is normally the minimum requirement for the particular position;
  2. The degree requirement is common for the position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor’s degree in a field related to the position;
  3. The employer normally requires a degree or its equivalent for the position; or
  4. 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.
  • Your job must be in a specialty occupation related to your field of study.
  • The petitioning employer must submit evidence that a labor condition application (LCA) has been certified by the U.S. Department of Labor.
  • You must be paid at least the actual or prevailing wage for your occupation, whichever is higher.
  • An H-1B visa number must be available at the time of filing the petition, unless the petition is exempt from numerical limits.


Source: uscis.gov
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