December 7, 2016





There are three types of individuals who may have petitions filed on their behalf under the H-1B visa 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



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: 

  • A bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position;
  • The degree requirement is common for this 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;
  • The employer normally requires a degree or its equivalent for the position; or
  • The nature of the specific duties is so specialized and complex that the know
  • The employer must file a Labor Condition Application (LCA) with the US Department of Labor certifying H1-B employee will be paid at least the actual wage level paid by em­ployer to other employees with similar experience and qualifications for specific em­ployment or the prevailing wage level for occupation of employment, whichever is higher


To begin the petition process the employer must:
  • Complete the Form I-129, Petition for Non-Immigrant Worker.Review the instructions for the Form I-129 and complete the Form I-129 and related Supplements.
  • Submit the Filing Fee(s).Include the appropriate filing fee with the Form I-129, including the biometric services fee (if applicable). Refer to Form I-129 instructions for further details
  • Submit Evidence.Include all required initial evidence and supporting documentation
  • Sign and File the Form I-129.File the petition at the correct filing location according to form instructions.
Note: The initial duration of stay in the United States can be up to three years with subsequent renewals not to exceed six years, with certain exceptions.



Once USCIS receives your Form I-129, we will process your petition and you and the employer will then receive:
  • A receipt notice for your Form I-129, Petition for Nonimmigrant Worker
  • A notice of biometric services appointment date
  • A written notice of a decision.