This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
This guidance provides you with some key requirements you must fulfill to apply for an H-1B Visa. For each requirement, USCIS has included forms of evidence that you may submit to meet the requirement and other tips to help you prepare your petition.
For more visit this USCIS link: Understanding H-1B Requirements
From Rajiv: To identify employers who are abusing the H-1B visas, USCIS will now target for investigation three specific types of H-1B employers: unverifiable, H-1B dependent and consultants working at client sites.
Note From Rajiv:
There is nothing new in this memo that we have not encountered before. What USCIS has said in this memo is that the IT title “Programmer” is not necessarily a job that requires a degree AND further a degree in specific discipline. If we claim otherwise, we have to prove our case. We have to do that in many, many cases anyway. Like I noted earlier, this is not new.
Department of Justice
Office of Public Affairs
Monday, April 3, 2017
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced multiple measures to further deter and detect H-1B visa fraud and abuse. The H-1B visa program should help U.S. companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country. Yet, too many American workers who are as qualified, willing, and deserving to work in these fields have been ignored or unfairly disadvantaged. Protecting American workers by combating fraud in employment-based immigration programs is a priority for USCIS.
Family members of the H-1B foreign worker are admitted to the United States in the H-4 category. Qualifying family members include only the spouse and unmarried children under 21 years old. H-4 dependents are admitted for the same period of time for which the H-1B foreign worker is admitted. H-4 dependents may alternatively be admitted in other nonimmigrant categories for which they qualify. H-4 dependents may undertake studies while remaining in the H-4 category, however, they may not engage in any form of employment.
The H-2B visa category is used by U.S. employers to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The company must plan to employ the foreign nationals for a temporary period and the employer’s need for the skills of the foreign nationals must also be temporary. In addition, the employer must seek a “labor certification” from the U.S. Department of Labor (DOL) certifying that: