Contact Attorney Mike Baker Legal Links Practice Areas About Miike Baker Law Offices os Michael Baker

Temporary Work Visas

An H-1B is an alien coming temporarily to perform services in a specialty occupation.

A specialty occupation is one which requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and requires completion of a specific course of education culminating in a baccalaureate degree in a specific occupational specialty. Write H-1B1 in the classification requested block. The petition must be filed by the U.S. employer, and must be filed with:

  1. an approved labor condition application from the Department of Labor;
  2. evidence the proposed employment qualifies as within a specialty occupation;
  3. evidence the alien has the required degree by submitting either:
  4. a copy of the person's U.S. baccalaureate or higher degree which is required by the specialty occupation
  5. a copy of a foreign degree and evidence it is equivalent to the U.S. degree, or evidence of education and experience which is equivalent to the required U.S. degree;
  6. a copy of any required license or other official permission to practice the occupation in the state of intended employment; and
  7. a copy of any written contract between you and the alien or a summary of the terms of the oral agreement under which the alien will be employed

An H-1B is also an alien coming temporarily to perform as an artist or entertainer, individually or as part of a group, in a unique or traditional art form.

A U.S. employer or foreign employer may file the petition. Write H-1B4 in the classification requested block. It must be filed with:

  1. a description of the proposed activities and evidence they constitute a unique or traditional art form;
  2. affidavits, testimonials or letters from recognized experts attesting to the authenticity and excellence of the skills of the alien or group in presenting the unique or traditional art form and explaining the
  3. level of recognition accorded the alien or group in the native country and the U.S.;
  4. copies of evidence most of the performances or presentations will be culturally unique events sponsored by educational, cultural, or governmental agencies; and either:
  5. an affidavit or testimonial from the ministry of culture, USIA Cultural Affairs Officer, the academy for the artistic discipline, a leading scholar, a cultural institution, or a major university in the alien's own country or from a third country,
  6. a letter from a U.S. expert who has knowledge in the particular field, such as scholar, arts, administrator, critic, or representative of a cultural organization or government agency, or
  7. a letter or certification from a U.S. government cultural or arts agency such as the Smithsonian Institution, the National Endowment for the Arts, the National Endowment for the Humanities, or the Library of Congress.

An H-1B is also an alien coming temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at a nationally or internationally recognized level of performance.

A U.S. employer or foreign employer may file the petition. Write H-1B5 in the classification requested block. The petition must be filed with:

  1. a copy of the contract with a major U.S. sports league or team or contract in an individual sport commensurate with national or international recognition in that sport.
  2. copies of evidence of at least 2 of the following:
  3. participation to a substantial extent in a prior season with a major U.S. sports league,
  4. participation in international competition with a national team,
  5. participation to a substantial extent in a prior season for a U.S. college or university in intercollegiate competition,
  6. a written statement from an official of a major U.S. sports league or an official of the governing body of the sport detailing how the alien or team is nationally or internationally recognized,
  7. a written statement from a member of the sports media or a recognized expert in the sport detailing how the alien or team is nationally or internationally recognized,
  8. the individual or team is ranked if the sport has national or international rankings, or
  9. the alien or team has received a significant honor or award in the sport.

Ruled Line

Home | About | Practice Areas | Legal Links | Contact
Español | Disclaimer

Updated: Sunday December 23, 2007
Copyright 2008 Michael Baker Law Offices
All rights reserved

www.mikebakerlaw.com