The H-1B visa is a specialty occupation classification, which requires the applicant to have a highly specialized knowledge and completion of a higher education. These temporary non-immigrant visas are limited to 65,000. They can be applied for by other applicants, beside private sector workers. Government to Government research and the Department of Defense, development, and co-production projects are included for workers in this classification. One type of applicant who does not need to have a higher education and special knowledge is the fashion model, who is also categorized under this type of visa.
This classification of the H-1B visa is a non-immigrant visa, which will provide limited time for the temporary worker to live and work in the United States. The applicant will not be able to change over to a permanent resident green card, without leaving the U.S. for a specific period of time. Then they would need to apply for the correct visa classification for permanent residency. The specialty occupation visa has its own rules and regulations that must be followed during the application process and while working in the United States. The first step with this classification of visa will normally be the petitioner who is the employer filing a Form I-129 for a non-immigrant worker with the USCIS. They may have immigration lawyer questions about this process that the North Dakota immigration attorney will be able to answer.
The applicant must wait for the Form I-129 to be approved prior to submitting their application and document package. This form cannot be filed any earlier than six months prior to when the prospective employment start date, though it should be filed as early as possible during the six month period, due to the amount of processing time.
It is important to meet the specifics of the type of visa in order for it to be approved. This includes submitting the proper documents, as a part of the visa application process and there will be an interview at the consular or embassy, by immigration officials. These documents include:
- Application Form DS-160, which can be downloaded online and is the Non-immigration Visa Electronic Application.
- The applicant must have a valid passport for travel to the U.S. and the date on the passport should be valid for at least six months beyond the applicants stay in the United States.
- One photograph that is 2×2 inches in size.
- The amount of fee for the type of application being applied for.
Questions about the process for the H-1B visa, by the family in the United States or the employer petitioning the worker can be answered by the immigration lawyer North Dakota. This legal expert stays current on all the rules and regulation, including any changes that are made and have an intricate knowledge of immigration laws. Having this information available can help in avoiding having the applicant’s visa denied, for lack of the proper documents submitted. When a visa is denied for this reason, it can take extra months for processing between the original submission date, when the error is found and the resubmission of documents.