Have you completed your graduate degree in a specialized field that requires theoretical or technical expertise and you long to make significant contributions within your field in the United States?
Perhaps you have a high-profile position with the Department of Defense and wish to utilize your unique skill-set with the same department, but in the US?
You may be eligible to obtain an H-1B or an H-1B2 visa for the United States if you meet specific criteria.
Have you been fortunate enough to become a prominent, international fashion model and have been offered a modelling position in the United States?
If so, you may be able to fulfill your dream of working as a model in the US with an H-1B3 visa, if you meet specific requirements.
We have provided a synopsis of the H visas for you, including some of the questions and answers you may want to know before applying.
Who Qualifies or is Eligible for the H-1B, H-1B2, and H-1B3 Visas?
Individuals and families who wish to work temporarily in the US and business owners who want to hire a foreign individual who qualifies as someone with a specialty occupation, as a Department of Defense worker, or as a prominent fashion model may qualify for one of these visa categories.
H-1B - Specialty Occupations
Preference for the H-1B visa will be given to individuals with graduate degrees; however, you may be eligible for this visa with a Bachelor’s degree.
The job must be so complex or unique that it can only be performed by an individual with a degree.
You must hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state where you intend to work.
H-1B2 - Department of Defense Researcher and Development Project Worker
To qualify for the H-1B2 visa, the cooperative research and development project or a co-production project must be provided for under a government-to-government agreement administered by the US Department of Defense. A bachelor’s degree or a Ph.D. or its equivalent is required to perform duties.
H-1B3 - Fashion Model
To qualify for the H-1B3 visa here must be a modeling position available or modeling services required for which a fashion model of prominence is qualified to perform. To be eligible for this visa category you must be a fashion model of distinguished merit and ability.
What are the H-1B, H-1B2 and H-1B3 Visas?
The H-1B, H-1B2, and H-1B3 visas are employment-based, non-immigrant visas for temporary workers.
They apply to people who wish to perform services in a specialty occupation (H-1B), services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project (H-1B2), or services as a fashion model of distinguished merit or ability (H-1B3).
What is the Process to Apply for the H-1B, H-1B2, and H-1B3 Visas?
You must find a US employer who is willing to sponsor you for the specific job for which you are qualified. The employer must submit a Labor Conditions Approval (LCA), along with the Form I-129. Finally, the applicant completes the application at a US Embassy or Consulate.
What is the Processing Time for the H-1B, H-1B2, and H-1B3 Visas?
Processing times for US visas vary depending on several factors:
- The office or service center responsible for processing the file
- The type of non-immigrant visa
- H-1B, H-1B2, and H-1B3 Visa interview wait times (if applicable)
- Whether the applicant can qualify for an expedited interview appointment
- Whether Expedited processing is available
- Whether Premium Processing is available
- Providing insufficient or incomplete documents can lead to delays in processing and even denials
Top 10 Reasons for Refusal of the H-1B, H-1B2, and H-1B3 Applications
While there are many reasons why your H-1B, H-1B2 or H-1B3 visa application could be refused, we have listed the top ten most common ones here:
- Current and or past immigration status and history for the US or abroad, including overstaying and unauthorized employment
- Insufficient funds to support themselves during their stay
- Incorrect or incomplete petition
- Insufficient supporting evidence
- Conflicts with travel documentation
- Health concerns
- Suspicious of malicious intent
- Problems with background check
- Criminal history/Being convicted of a crime/Suspected or known ties to terrorism
- Material Misrepresentation
The H-1B, H-1B2, and H-1B3 Visas » Other FAQs (Frequently Asked Questions)
What does H-1B stand for?
The H-1B is a visa for the United States under the Immigration and Nationality Act, Section 101(a)(15)(H) that permits US employers to hire foreign workers for temporary employment in specialty occupations.
How long does the H-1B last?
You are allowed to stay in the US for a period of up to three years on an H-1B visa. You may be able to extend your H-1B visa up to six years.
What is the minimum salary to file an H-1B visa?
Minimum salaries depend on several factors including the occupation of the H-1B visa holder and the location of the intended employment in the US.
Can an H-1B visa holder apply for a green card?
Yes, an H-1B visa holder can apply for a green card provided their H-1B visa has not expired. The H1-B visa is a dual-intent visa; this means that people who hold it are eligible to apply for permanent residency by applying for a green card.
Why Contact My Visa Source for an Assessment?
Congratulations on taking your first step toward temporarily working and living in the United States.
The more research you do on the immigration process, the more you will learn about your specific situation and how we can help you navigate through the H-1 visa process.
My Visa Source’s immigration lawyers dedicate themselves to your immigration case, providing legal representation tailored to your personal situation.
Our expertise focuses on immigration and visa programs for the United States and Canada, including global immigration.
Partnering with an award-winning immigration team greatly increases the likelihood of achieving your specific immigration or visa goals.
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