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Applying for an H-1B visa to work in the United States

The H-1B visa is a temporary employment visa for foreigners who seek work in specialty occupations, research and development with the Department of Defense and fashion modeling. Those seeking job positions in South Carolina might want to prepare for the application process before starting.

The first step is for the employer of potential DOD research and development employees and fashion models to submit a Labor Condition Application with the Department of Labor requesting certification. The LCA contains certain corroborations from the employer. The individual or company has to attest to the compliance of paying the worker no less than what similar qualified workers or workers in the geographical area are being paid. The employer also attests that the working conditions of similar employees will not be adversely affected.

The second step in the application process applies to all applicants in the H-1B visa category. The employer must submit Form I-129 to the appropriate U.S. Citizenship and Immigration Services Center. If an LCA must be filed for the prospective employee, this must be completed first.

The third and final step of the process requires the prospective employee to apply for an H-1B visa with the Department of State. This can be completed at a U.S. consulate or embassy in the country in which the individual resides. Next, the worker needs to submit an application to U.S. Customs and Border Protection for admission into the country with H-1B classification.

An H-1B visa allows nonimmigrant employees to work in the United States for up to three years. This period could be extended for up to six years, but there are some exceptions to the maximum length of stay. Workers who need help filing employment visa applications with the DOS and CBP or with applying for an extension could talk to an immigration attorney.

Source: U.S. CIS, "H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models," Accessed on Jan. 21, 2015

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