Henderson, NV H1-B Visa Lawyer

The program is designed for non-immigrants who according to the USCIS, “wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense cooperative research and development project, or services as a fashion model of distinguished merit or ability.” The program can be broken down into three categories: H-1B Specialty Occupations Visa Program, H-1B2 DOD Researcher and Development Project Worker Visa Program, and H-1B3 Fashion Model Program.

All applicants in this category must have “theoretical and practical application of a body of highly specialized knowledge” as well as at least a bachelor’s degree. The position must also meet one of the following criteria to qualify:

• The minimum entry requirement for the position requires a bachelor’s degree or higher (or the equivalent)
• The degree program is commonly required within the industry for the same or similar positions, or the job is sufficiently complex that it can only be performed by degreed professionals
• The employer requires the degree or its equivalent in standard hiring situations
• The position’s responsibilities are specialized/complex enough that performing them requires earning a bachelor’s degree or higher

Applicants must also meet at least one of the following criteria:

• You have a US bachelor’s degree or higher relevant to the position
• You hold a foreign degree equivalent to a US bachelor’s degree (or higher) that’s relevant to the position
• You have an unrestricted state license, registration, or certification authorizing the full practice of the specialty occupation

The criteria for the first category applies to the Researcher and Development Project Worker Visa with the addition of the following:

• You have education, specialized training, or progressively responsible experience in the specialty occupation that is the equivalent of a US bachelor’s degree or higher.

Petitions must be accompanied by all of the following:

• A DOD verification letter sent by the project manager
• A description of your duties on the project and your dates of employment
• A statement including the names of any other aliens currently working on the project

All applicants for this category must be enrolled in a position or service that requires a “fashion model of prominence”. A Labor Condition Application (LCA) must accompany the petition for specialty occupation applicants and fashion models. You can discuss eligibility requirements with a lawyer specializing in this type of visa.

Applicants will need to follow steps specific to the H-1B visa subtype in question. An immigration attorney will understand all of the steps in the process and walk you through them.

A few important things to keep in mind include:

• All specialty occupation and fashion model petitions must be accompanied by an LCA
• The employer must submit a completed Form I-129 to the USCIS
• Once the petition is approved, the applicant must visit a US embassy or consulate and apply for the visa
• The worker must apply to US Customs and Border Protection for admission to the US under the H-1B program

There are stay limits that apply to this visa program. All applicants are limited to stays of three years, but they can be extended up to six years. There is a cap for H-1B visas, but certain H-1B workers will not be subject. Discuss your specific situation and time requirements with an immigration attorney.

Parikh & Prasad, PC is a boutique law firm with H-1B visa lawyers serving Henderson. The firm represents individuals, corporations, and educational institutes with trusted legal expertise surrounding this visa program. The team of experienced attorneys will develop unique strategies to help you navigate the complex world of U.S. immigration. Contact the firm today to set up a consultation on your case.