The H-1B visa is a popular but complex visa category designed for foreign workers with specialty occupations. These are occupations that require the theoretical and practical application of a body of highly specialized knowledge and typically involve a bachelor’s degree or its equivalent in the specific field (with some exceptions). H-1B visas are also issued to fashion models with distinguished merit and ability.

• Foreign workers with a bachelor’s degree (or equivalent experience) in a specialty occupation.
• U.S. employers seeking qualified foreign workers in specialty occupations when they can’t find qualified American workers.

• H-1B Specialty Occupations and Fashion Models: This is the most common type of H-1B visa.
• H-1B1 Free Trade Agreement (FTA) Professionals: Applies to citizens of Singapore and Chile only under specific free trade agreements.

Requirements for the H-1B Specialty Occupations and Fashion Models Visa:

• Job Offer: You must have a bona fide job offer in the U.S. from a U.S. employer in a specialty occupation.

• Prevailing Wage: The job offer must meet the prevailing wage requirements for the specific occupation and geographic area. This ensures foreign workers aren’t hired at lower wages, affecting U.S. workers.

What is the Prevailing Wage? 

The prevailing wage is the average wage paid to workers in a specific job in a particular area. It’s like looking at what most people earn for doing a certain job where you live. Employers use this information to ensure they’re paying their workers a fair amount that matches what others in the same job and area are getting paid. This helps keep pay fair for everyone.

• Qualifications: You must possess the minimum qualifications (usually a bachelor’s degree or equivalent experience) for the specialty occupation.

• Labor Certification (LCA): In most cases, the employer must obtain a labor certification from the Department of Labor (DOL). This process verifies that hiring a foreign worker won’t adversely affect the wages and working conditions of U.S. workers in the same occupation.

• Petition Approval: Your employer will file a petition (Form I-129) with USCIS on your behalf. This petition will establish your eligibility for the H-1B visa and the legitimacy of the job offer.

1. U.S. Employer Files Petition (Form I-129): The employer submits a petition to USCIS requesting approval for your H-1B visa. This petition includes details about the job offer, your qualifications, and the labor certification.
2. Labor Certification (LCA): The employer usually obtains a labor certification from the DOL before filing the petition with USCIS. This can involve advertising the job position and demonstrating efforts to recruit U.S. workers.
3. Pay Application Fees: The employer is responsible for various application fees associated with the petition and visa application.
4. H-1B Cap (if applicable): There is an annual cap on the number of H-1B visas issued each year (excluding those under the Chile and Singapore FTAs). Employers must submit petitions during a designated filing window to compete for a slot under the cap. This can be a complex process with its own deadlines.
5. Petition Approval and Visa Application (DS-160): Once USCIS approves the petition, you may need to complete an online visa application (DS-160) and schedule an interview at a U.S. embassy or consulate in your home country.
6. Visa Interview (if required): Be prepared to answer questions about your qualifications, the job offer, and your educational background during the interview.

Eligibility for Spouse and Children:

Your spouse and unmarried children under 21 years of age may apply and join you.

• USCIS workload: The volume of petitions USCIS is processing can significantly impact processing times.
• Case Complexity: Straightforward petitions will generally move faster than complex cases.
• Labor Certification: Obtaining the labor certification can add several weeks or months to the overall processing time.
• H-1B Cap (if applicable): If subject to the cap, processing timelines will depend on when the petition was filed during the filing window. It can take several months to know if a petition under the cap was selected.

Generally, processing times can range anywhere from several months to a year or even longer.

• Consult with an Immigration Attorney: Given the complexity of the H-1B process, consulting with an immigration attorney is highly recommended. An attorney can advise you and your employer on the specific requirements, navigate the process, and increase your chances of success.
• Ensure the Job Offer Meets Prevailing Wage: It’s crucial to verify the job offer meets the prevailing.