Specialty occupations and labor condition application

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Updated: 4/13/2007 3:36 pm
H-1-B visas are available to foreign nationals in specialty occupations who qualify based on their education and-or work experience. A specialty occupation is one that requires the theoretical and practical application of highly specialized knowledge. A bachelor's degree is usually the minimum requirement for applicants of this visa, although a combination of education and work experience may be an acceptable substitute in some cases. Those qualified for H-1-B visas are usually professionals, such as engineers, accountants, lawyers, financial analysts, business executives, computer programmers, and researchers. Fashion models may also qualify for these visas. In order to obtain an H-1-B visa, a foreign national must first have his or her U-S employer file a 'Labor Condition Application,' or L-C-A, with the Department of Labor. This application should attest to the fact that the foreign employee will be paid the required wage and be offered working conditions similar to those of U-S or resident employees. Once the L-C-A is filed, the employer can then file the appropriate non-immigrant visa petition with Immigration and Naturalization Services. Once this petition is approved, the foreign worker can either apply for a visa abroad at a U-S consulate, or change status to that of H-1-B if already in the U-S under another status. For additional information, please contact an immigration attorney in your area.

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