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EB2 and EB3


PERM Labor Cert. Application


EB5: Investors











H1B: Temporary Professional Employees Visa

Legal Requirements: The H1B Temporary Professional Employees Legal Requirements

An alien may be authorized to come to the United States temporarily to perform service in a specialty occupation. To qualify as a specialty occupation, the position must meet one of the following criteria:

A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position.

The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree.

The employer normally requires a degree or its equivalent for the position; or

The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.

Document Preparation

A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,

A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,

To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria

Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;

Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
* Hold an unrestricted State license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or

Have education, specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

H1B Visa Number

Established by the Immigration Act of 1990 (IMMACT), the H-1B nonimmigrant visa category allows U.S. employers to augment the existing labor force with highly skilled temporary workers. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years. The H-1B visa program is utilized by some U.S. employers to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The H-1B visa program also includes fashion models. The current annual cap on the H-1B category is 65,000.

[Click Here To Find CIS Current Visa Numbers]

H-1B Advanced Degree Exemption

20,000 additional H1B visa numbers for alien applicants who have Master degree from the United States.






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