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Houston Immigration Lawyers > Blog > H-1B Visa > Can I Get An H-1B Visa?

Can I Get An H-1B Visa?


If you are seeking to come to the United States to work, you may be wondering if you are eligible to obtain an H-1B visa, which is one of the most common types of nonimmigrant visas for workers in Houston and throughout the United States. However, in order to qualify for an H-1B visa, your employer will need to be eligible to hire you, and you will need to fit into one of the categories for which the H-1B visa is designed. As the U.S. Department of Labor (DOL) explains, the “H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability.” Certain Department of Defense researchers can also be eligible for H-1B visas.

If you have questions about whether you can get an H-1B visa to work in Houston or elsewhere in Texas, you should get in touch with a Texas immigration attorney who can help you. In the meantime, our lawyers can provide you with more information about qualifying for an H-1B visa.

Do I Meet the Eligibility Criteria for an H-1B Visa? 

In order to meet the eligibility criteria for an H-1B visa, you will need to fit into one of the following categories:

  • Specialty occupation, which means that you have the ability for “theoretical and practical application of a body of highly specialized knowledge” and that you have attained “a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States”;
  • DOD researcher or development project worker, which means you must either have a U.S. bachelor’s degree or higher, have a foreign equivalent of a U.S. bachelor’s degree or higher from an accredited institution, hold an unrestricted state license or registration that allows you to perform the specific job duties of the position, or you have education or specialized training or experience in a specific specialty area that is equivalent to a bachelor’s degree or higher in the U.S.; or
  • Fashion model, which requires being a “fashion model of prominence,” which is further defined as a “fashion model of distinguished merit and ability.”

A traditional H-1B visa is for a person who meets the requirements for a “specialty occupation.” To be eligible for an H-1B visa as a DOD researcher or development project worker, you will be seeking an H-1B2 visa. For a fashion model who meets the H-1B requirements, the specific visa will be an H-1B3 visa.

 Contact a Houston H-1B Visa Attorney Today 

If you have questions about hiring an employee with an H-1B visa, or if you are a foreign worker with questions about obtaining an H-1B visa in order to work in the United States, you should seek advice from an experienced Houston H-1B visa lawyer. Even if you are not eligible for an H-1B visa, you may be able to enter the United States (or to hire a foreign worker for your Texas business) through another type of visa category. There are a wide range of employment visas that may apply to your situation. Do not hesitate to get in touch with the experienced attorneys at BBA Immigration for assistance and to learn more about your options.




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