Who can apply ?
H1B classification applies to persons in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. This classification requires a labor attestation issued by the Secretary of Labor (65,000). This classification also applies to Government-to-Government research and development, or
co production projects administered by the Department of Defense (100);
H-2A classification applies to temporary or seasonal agricultural workers;
H-2B classification applies to temporary or seasonal nonagricultural workers. This classification requires a temporary labor certification issued by the Secretary of Labor (66,000);
Documents required:
For the petition:
1. Form I129 and H Supplement
2. Approved Temporary Labor Certification
3. All documents submitted to DOL during labor certification process.
4. Written employment contract.
5. Proof of business establishment including payroll records, sources of funds, income statements, and business contracts.
6. Documentation establishing the alien's job skills.
For the application:
1) An application Form OF156, completed and signed. Blank forms are available without charge at all U.S. consular offices;
2) A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application;
3) One photograph 1 and 1/2 inches square (37x37mm) for each applicant, showing full face, against a light background; and
4) A notice of approval, Form I-797 (will be mailed to the applicant when petition is approved).
Instructions and Forms: