8 CFR § 214.2 Petitions for Temporary Nonimmigrants Employees
Who can file and What to File
This is a temporary nonimmigrant work visa given to foreign nationals coming to the US to occupy a “specialty occupation” at a specific employer’s request. A specialty occupation is one needing a baccalaureate or higher degree or its equivalent.
Any employer may file a USCIS Forms I-129 and I-129H along with the certified USDOL Labor Condition Application Form 9035.
- ( 1 ) A certification of a labor condition application
- ( 2 ) A statement of compliance with the terms of the labor condition applicatio
- ( 3 ) Evidence of Alien H-1B qualifications
- ( 1 ) A United States baccalaureate or higher degree in occupation, OR
- ( 2 ) A foreign degree determined to be equivalent to a US degree or higher; OR
- ( 3 ) 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
- ( 4 ) Have education, specialized training, and/or experience equivalent to US degree and recognition of expertise through progressively responsible positions directly related to the specialty.
General documentary requirements for this H–1B classification
- Degrees, Diploma, certifications, affidavits, declarations, or other document to show the Beneficiary’s education and/or qualification in the occupation sought
- Affidavits or declarations made under penalty of perjury submitted by present or former employers or recognized authorities certifying as to the recognition and expertise of the beneficiary shall specifically describe the beneficiary’s recognition and ability in factual terms and must set forth the expertise of the affiant and the manner in which the affiant acquired such information.
- Copies of any written contracts between the petitioner and beneficiary,
- State or Local License where required
- Description of the duties related to the occupation in the H-1B application.