Specialty Workers (H-1B)
The H-1B categories apply to aliens coming temporarily to perform services in a specialty occupation, or as a fashion model of distinguished merit and ability. The FY2001 and 2002 cap on H1-B admissions is 195,000 workers.

Labor Condition Application
The first step to hiring most H-1B workers from outside the U.S. is for the employer to file a labor condition application (LCA) with the Department of Labor. The employer is required to file the LCA approval notice with the I-129 petition. For specific procedures on filing, please visit the Department of Labor's Employment and Training Administration.

Some terms and conditions of the H-1B classification:

  1. Work authorization for H-1B foreign specialty workers is employer-specific, i.e. limited to employment with the approved employer/petitioner.
  2. A change of employer requires a new H-1B petition;
  3. Multiple employers require multiple H-1B petitions.
  4. The employer is responsible for return transportation costs for employee terminated prior to the end of the approved period of employment.

H-1B1 Specialty Occupations
The H-1B1 category applies to an alien coming temporarily to perform services in a specialty occupation which requires the theoretical and practical application of highly specialized knowledge requiring completion of a specific course of higher education.

Requirements for H-1B Classification Petition
The petition (Form I-129) should be filed by the U.S. employer with:

  1. A certified labor condition application from the Department of Labor;
  2. Copies of evidence that the proposed employment qualifies as a specialty occupation;
  3. Evidence the alien has the required degree by submitting either:
  4. A copy of the person's U.S. baccalaureate or higher degree which is required by the specialty occupation;
  5. A copy of a foreign degree determined to be equivalent to the U.S. degree; or
  6. Copies of evidence of education and experience which is equivalent to the required U.S. degree;
  7. A copy of any required license or other official permission to practice the occupation in the state of intended employment; and
  8. A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed.


H-1B3 Fashion Model
The H-1B3 category applies to a fashion model who is nationally or internationally recognized for achievements, to be employed in a position requiring someone of distinguished merit and ability.

Requirements
The petition (Form I-129) should be filed by the U.S. employer with:

  1. A certified labor condition application from the Department of Labor;
  2. Copies of evidence establishing that the alien is nationally or internationally recognized in the field of fashion modeling. The evidence must include at least two of the following types of documentation which show that the person:
  3. Has achieved national or international recognition in his or her field as evidenced by major newspaper, trade journals, magazines or other published material;
  4. Has performed and will perform services as fashion model for employers with a distinguished reputation;
  5. Has received recognition for significant achievements from organizations, critics, fashion houses, modeling agencies or other recognized experts in the field; and
  6. Commands a high salary or other substantial remuneration for services, as shown by contracts or other reliable evidence.
  7. Copies of evidence establishing that the services to be performed require a fashion model of distinguished merit and ability and either:
  8. Involve an event or production which has a distinguished reputation; or
  9. The services are as participant for an organization or establishment that has a distinguished reputation or record of employing persons of distinguished merit and ability.