The updated filing fee for H-1B can be found here.

Requirements:

1. Possess a U.S. Bachelor’s degree;
2. Alternatives to Possessing U.S. Bachelor’s Degree:
   1. Possess a foreign degree that is determined to be the equivalent of a U.S. Bachelor’s degree;
   2. Possess an unrestricted state license, registration or certification that authorizes the individual to practice in that industry in the state of proposed employment;
   3. Possess education, specialized training, and/or experience that are equivalent to a U.S. Bachelor’s degree;
3. In order for the position to qualify as a specialty occupation, it must meet the following technical requirements:
   1. Full state license to practice in the occupation, if such license is required to practice in the occupation;
   2. Completion of the degree in the specific specialty required as a minimum for entry into the occupation; or
   3. Experience in the specialty equivalent to the completion of such degree, and recognition of expertise in the specialty through progressively responsible positions relating to the specialty;
4. Employer must obtain approved Labor Condition Application from the Department of Labor.

Limitations:

1. The position offered must require knowledge, both theoretical and applied, which is almost exclusively obtained through studies at an institution of higher learning;
2. The position must require a specific course of study which relates directly to the position;
3. The attainment of a bachelor’s or higher degree in the specific activity (or its equivalent) is a minimum requirement for the position.

8 CFR 214.2(h)(4)(ii)

ii) Definitions.

Prominence means a high level of achievement in the field of fashion modeling evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of fashion modeling.

Recognized authority means a person or an organization with expertise in a particular field, special skills or knowledge in that field, and the expertise to render the type of opinion requested. Such an opinion must state:

(1) The writer’s qualifications as an expert;

(2) The writer’s experience giving such opinions, citing specific instances where past opinions have been accepted as authoritative and by whom;

(3) How the conclusions were reached; and

(4) The basis for the conclusions supported by copies or citations of any research material used.

Specialty occupation means an occupation which requires theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts, and which requires the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.

United States employer means a person, firm, corporation, contractor, or other association, or organization in the United States which:

(1) Engages a person to work within the United States;

(2) Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee; and

(3) Has an Internal Revenue Service Tax identification number.

Residential Financial Corp. v. USCIS, 2012

• The court ruled in favor of the plaintiff stating “[w]hat is required is an occupation that requires highly specialized knowledge and a prospective employee who has attained the credentialing indicating possession of that knowledge.” They also state, “[t]he knowledge and not the title of the degree is what is important.” The court ruled that there were four reasons necessary in determining the validity of this specialty occupation:

Tapis International v. Immigration and Naturalization, 2000

• “For the ‘equivalent’ language to have any reasonable meaning, it must encompass not only skill, knowledge, work experience, or training… but also various combinations of academic and experience-based training.”

• H-1B visa is granted in increments for a total stay of six years;
• Dual intent/opportunity to petition for future permanent residence. Immigration laws and USCIS regulations allow the H-1B holder to have “dual intent” with respect to his or her intent to immigrate to the United States. Therefore, an individual seeking the temporary right to work in the U.S. via an H-1B visa may also petition for permanent U.S. residence;
• No need to maintain a foreign residence. With the H-1B visa, there is no need for an alien worker to maintain a foreign residence, as opposed to many other temporary visas;
• Ability to change employers during H-1B status. An H-1B worker can start to work for his/her new employer as soon as the new employer files a new H-1B petition on behalf of the alien;
• Ability to change employers during the green card application process. An alien may change employers and it will not affect his/her adjustment of status provided that he/she has filed an I-485 for at least 180 days and continues to work in the same or related field for the new employer;
• Applicant’s spouse and unmarried children under 21 years of age may be entitled to enter and remain in the United States for the duration of the H-1B status holder’s authorized duration of stay;
• An H-1B visa holder’s spouse and unmarried children under 21 years of age are permitted to attend school either on a part-time or full-time basis;
• An H-1B holder is allowed to go to school part time or full time without an H-1B as long as he/she currently holds a valid H-1B status. This means that while the H-1B employee is attending school, he/she must continue to work for his/her employer;
• Applicants can apply for a part-time H-1B, as long as work hours are at least 50% of the normal full-time hours in the industry and the applicant satisfies all other requirements for an H-1B visa. If the applicant already has H-1B status, they can apply for a concurrent H-1B for another part time job. In this situation, there is no set number of hours that the beneficiary must work for each employer.