Visa Lawyer Blog
The H1B madness is almost behind us, yet potential workers and employers alike are still curious and interested in this visa. They often want to know when will they be able to apply again and what is this visa all about.
The H1B status is for foreign workers who will hold specialty occupations. A specialty occupation is one which “requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation AND which requires the attainment of a bachelor’s degree or higher in a specific specialty as a minimum for entry into the occupation in the United States.”
The employer must describe the elements of the case to the USCIS on a petition format letter. This first posting in the series about the H1B process contains a sample of such letter. Click below
Department of Homeland Security
U.S. Citizenship and Immigration Services
[Service Center Address]
Re: H-1B1 Nonimmigrant Specialty Occupation for on behalf of [Employee]
Dear Sir or Madam:
We are writing this letter in support of H-1B1 nonimmigrant classification on behalf of [Mr./Ms.] [Employee] in the specialty occupation of [job title]. On this basis, we provide you with details regarding our business operations, the proposed employment, and confirmation of [Employee]’s nationality and professional qualifications.
PETITIONING ORGANIZATION
[Brief statement regarding the petitioning employer, including company background, date of formation, business/industry, number of employees, and annual revenues.]
POSITION
We currently wish to employ [Employee] as a [job title] in our [City, State] office. As a professional in [field], [he/she] will be responsible for [detailed description of job duties, including knowledge/skills utilized].
The position of [job title] requires a theoretical and practical application of specialized knowledge. [Employee] will be required to perform [State duties of offered position with emphasis on duties that require application and use of academic/professional skills gained through a bachelor’s degree or equivalent]. The offered position requires the application of knowledge gained through completion of a bachelor’s degree in [academic field(s)], or a closely related field, or the equivalent.
BENEFICIARY
[Mr./Ms.] [Employee] is a citizen of _________. [His/Her] academic/professional qualifications make [him/her] an ideal candidate for the offered position of [job title]. In [month/year], [he/she] received a [degree and field of study] from [name of college/university], where [he/she] completed coursework in [please list relevant coursework], among others. [His/Her] education has been evaluated by [an education evaluation service] to be the equivalent of a U.S. bachelor’s degree in [academic field]. A copy of the evaluation is included as a part of this petition (if foreign degree).
In addition to these academic accomplishments, [Employee] also possesses professional experience. [Describe prior work experience, if any.]
CONCLUSION
We believe that [Employee]’s academic achievements and [his/her] professional experience will qualify [him/her] to serve as a [job title] with our organization. In return for [his/her] services, [Employee] will receive a base salary of $_____ per year.
Based on the foregoing, we submit that [Employee] is eligible for H-1B1 classification, and we, therefore, seek your favorable decision and approval of our request.
Thank you for your consideration.
Sincerely,
[Name]
[Title of Company Representative]