H-1B Models & Doctors

 

8 CFR § 214.2 Petitions for Temporary Nonimmigrants Employees

 
This an H-1B visa given to a prominent alien of distinguished merit and ability in the field of fashion modeling who is coming to perform in the United States. It is also given to physicians or Doctors who meet the requirements set forth below.
 
Any employer may file a USCIS Forms I-129 and I-129H along with the certified USDOL Labor Condition Application Form 9035.
 


MODELS

 
( 1 ) Documentation, certifications, affidavits, writings, reviews, or any other required evidence sufficient to establish that the beneficiary is a fashion model of distinguished merit and ability submitted by:
 

  • Pesent or former employers or recognized experts
  •  

  • Certifying to the recognition and distinguished ability of the beneficiary,
  •  

  • Specifically describing the beneficiary’s recognition and ability in factual terms
  •  

  • Setting forth the expertise of the affiant and the manner in which the affiant acquired such information.

 
( 2 ) Copies of any written contracts between the petitioner and beneficiary, or a summary of the terms of any oral agreement
 

Petitioner’s requirements.

 

( 1 ) The services to be performed involve events or productions which have a distinguished reputation;
 
( 2 ) To be performed for an organization or establishment that has a distinguished reputation for, or record of, employing prominent persons.

 

Beneficiary’s requirements.

 
A beneficiary is a fashion model of distinguished merit and ability if s/he (2 out of 4):
 

( 1 ) Has achieved national or international recognition and acclaim for outstanding achievement in his or her field as evidenced by reviews in major newspapers, trade journals, magazines, or other published material;
 
( 2 ) Has performed and will perform services as a fashion model for employers with a distinguished reputation;
 
( 3 ) Has received recognition for significant achievements from organizations, critics, fashion houses, modeling agencies, or other recognized experts in the
field; or
 
( 4 ) Commands a high salary or other substantial remuneration for services evidenced by contracts or other reliable evidence.

 



PHYSICIANS


 
Beneficiary’s requirements.
 

( 1 ) A State or Local license to practice medicine, or is exempt by law
therefrom and
 
( 2 ) A US or Foreign unrestricted license to practice medicine.

 

Petitioner’s requirements.

 
The petitioner must establish that the alien physician:
 

( 1 ) Is coming to the United States primarily to teach or conduct research, or both, at or for a public or nonprofit private educational or research institution or agency, and that no patient care will be performed, except that which is incidental to the physician’s teaching or research; or
 
( 2 ) The alien has passed the Federation Licensing Examination (or an equivalent examination as determined by the Secretary of Health and Human Services) or is a graduate of a United States medical school; and

 

( i ) Has competency in oral and written English which shall be demonstrated by the passage of the English language proficiency test given by the Educational Commission for Foreign Medical Graduates; or
 
( ii ) Is a graduate of a school of medicine accredited by a body or bodies approved for that purpose by the Secretary of Education.

 
Exception for Physicians of National or International Renown.
 
A physician who is a graduate of a medical school in a foreign state and who is of national or international renown in the field of medicine is exempt from the requirements of paragraph (h)(4)(viii)(B) of this section.
 

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