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TAn H-1B is an
alien coming temporarily to perform
services in a specialty occupation.
Write H-1B1 in the classification
requested block.
A specialty occupation is one that
requires the theoretical and practical
application of a body of highly
specialized knowledge to fully perform
the occupation and requires the
attainment of a bachelor's or higher
degree in a specific specialty, or its
equivalent, as a minimum for entry into
the occupation in the United States.
Evidence showing that the proposed
employment qualifies as a specialty
occupation; Evidence that a labor
condition application has been filed
with the U.S. Department of Labor; The
petition must be filed by the U.S.
employer and must be filed with:
A copy of any required license or other
official permission to practice the
occupation in the state of intended
employment; and Evidence of education
and experience that is equivalent to the
required U.S. degree.
A copy of a foreign degree and evidence
that it is equivalent to the U.S.
degree; or A copy of the person's U.S.
baccalaureate or higher degree as
required by the specialty occupation;
--
Evidence showing that the alien has the
required degree by submitting either:
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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 to
perform services of an exceptional
nature relating to a cooperative
research and development project
administered by the U.S. Department of
Defense (DOD).
Write H-1B2 in the classification
requested block. A description of the
proposed employment; A U.S. employer may
file the petition. The petition must be
filed with:
Evidence that the services and project
meet the above conditions;
H-1B Data Collection and Filing Fee
Exemption.
Because of these two Acts, an H-1B
petitioner must complete the H-1B
supplement form which is part of this
petition. The supplement is used to
collect additional information about the
H-1B nonimmigrant worker and the H-1B
petitioner (U.S. employer). It will also
be used to determine whether the H-1B
petitioner is exempt from the additional
ACWIA filing fee and, if not exempt, the
appropriate fee. (The supplement was
formerly issued separately as Form
I-129W).
On October 21, 1998, Congress enacted
the American Competitiveness and
Workforce Improvement Act ("ACWIA"),
Public Law 105-277, that modified the
H-1B nonimmigrant program. On December
8, 2004, Congress enacted the H-1B Visa
Reform Act of 2004.
The H-1B Visa Reform Act of 2004 also
imposed an additional fee of $500.00 for
certain H or L petitions. On or after
March 8, 2005, a U.S. employer seeking
initial approval of H-1B or L
nonimmigrant status for a beneficiary,
or seeking approval to employ an H-1B or
L nonimmigrant currently working for
another U.S. employer, must submit this
additional $500.00 fee. There are no
exemptions from this fee. This form will
serve as the vehicle for collection of
the $500.00 fee.
Who Is Required to File? A U.S.
employer seeking to classify an alien as
an H-1B nonimmigrant worker must file
this supplement concurrently with Form
I-129 and the appropriate fee. (See
"Fee" for additional information
regarding the appropriate fee.)
Completing Part A of the Supplement
Form.
All U.S. employers seeking to classify
an alien as an H-1B nonimmigrant worker
must complete Part A of the supplement
form. An employer must answer all of the
questions in the "Employer Information"
Section.
H-1B Dependent employer. An "H-1B
dependent employer" means an employer
that: Has 25 or fewer full-time
equivalent employees who are employed in
the United States and employs more than
seven H-1B nonimmigrants;
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Has at least 26 but not more than 50
full-time equivalent employees who are
employed in the United States and
employs more than 12 H-1B nonimmigrants;
or
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Willful Violators. A willful
violator is an employer whom the
Secretary of Labor has found, after
notice and opportunity for a hearing, to
have willfully failed to meet a
condition of the labor condition
application described in section 212(n)
of the Immigration and Nationality Act.
Exempt H-1B nonimmigrant. An "exempt
H-1B nonimmigrant" means an H-1B who:
Receives wages (including cash bonuses
and similar compensation) at an annual
rate equal to at least $60,000; or
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Highest education level. Place an
"X" in the appropriate box of Part A,
Number 3 ("a" through "i") of the
supplement form that is most closely
related to the highest formal education
level attained by the beneficiary. DO
NOT consider work experience in
determining the beneficiary's
equivalency. Has attained a master's
degree or higher (or its equivalent) in
a specialty related to the intended
employment.
Master's or higher degree from a U.S.
institution of higher education.
Indicate whether or
not the beneficiary has earned a
master's or higher degree from a U.S.
institution of higher education, as
defined in 20 U.S.C. section 1001(a).
Major/Primary field of study. Use
the beneficiary's degree transcripts to
determine the primary field of study.
Once the beneficiary's major is
determined, fill in the boxes with one
character per box. Thirty (30)
characters maximum. Do not consider work
experience to determine the
beneficiary's major education level.
Rate of pay per year. The ''rate
of pay'' is the salary or wages paid to
the beneficiary. Salary or wages must be
expressed in an annual full-time amount
and do not include non-cash compensation
or benefits. For example, an H-1B worker
is to be paid $6,500 per month for a
four-month period including a health
benefits package and transportation. The
yearly rate of pay if he or she were
working for a full year would be 12
times the monthly rate or $78,000. This
amount does not include health benefits
or transportation costs. The figure
$78,000 should be entered on this form
as the rate of pay.
LCA Code. The LCA Code is a
three-digit occupational group for
professional, technical, and managerial
occupations and fashion models that can
be obtained from Appendix 2 of the
Dictionary of
Occupational Titles printed on
Department of Labor ETA Form 9035, Labor
Condition Application for H-1B
Nonimmigrant.
NAICS Code. The North American
Industry Classification System (NAICS)
code can be obtained from
the Department of Commerce, U.S. Census
Bureau (www. census.gov/epcd/www/naics.htm).
Enter the code from left to right, one
digit in each of the six boxes. If you
use a code with less than six digits,
enter the code left to right and then
add zeros in the remaining unoccupied
boxes. A U.S. employer seeking an
exemption from the $1,500.00 or $750.00
filing fee must complete Part B. A U.S.
employer is exempt from payment of the
additional $1,500.00 or $750.00 filing
fee if:
Completing Part B of the Supplemental
Form. The employer is an institution
of higher education as defined in the
Higher Education Act of 1965, section
101 (a), 20 U.S.C. section 1001 (a); or
The employer is a nonprofit organization
or entity related to, or affiliated with
an institution of higher education.
Institutions of higher education are
defined in the Higher Education Act of
1965, section 101(a), 20 U.S.C., section
1001(a). Such a nonprofit organization
or entity includes but is not limited to
hospitals and medical research
institutions. "Related to" or
"affiliated with" means the
entity is:
(a) Connected or associated with the
institution of higher education through
shared ownership or control by a board
or federation operated by the
institution of higher education, or
(b) Attached to the institution of
higher education as a member, branch,
cooperative or subsidiary. "Nonprofit
organization or entity" means the
organization or entity is (a) defined as
a tax exempt organization under the
Internal Revenue Code of 1986, section
501(c)(3),
(c)(4), or (c)(6), and (b) has been
approved as a tax exempt organization
for research or educational purposes by
the Internal Revenue Service; or For
example the code sequences 33466 would
be entered as:
The code sequences 5133 would be entered
as:
5 1 3 3 0 0
3 3 4 6 6 0
Has at least 51 full-time equivalent
employees who are employed in the United
States and employs H-1B nonimmigrant in
a number that is equal to at least 15
percent of the number of such full-time
equivalent employees.
The employer is a nonprofit research
organization or governmental research
organization that is primarily engaged
in basic research and/or applied
research. "Nonprofit organization or
entity" means the organization or entity
is:
(a) Defined as a tax exempt organization
under the Internal Revenue Code of 1986,
section 501(c)(3), (c)(4), or (c)(6); 26
U.S.C. 501(c)(3), (c)(4), or (c)(6), and
(b) Has been approved as a tax exempt
organization for research or educational
purposes by the Internal Revenue
Service.
A government research organization is a
U.S. Federal government entity whose
primary mission is the
performance or promotion of basic
research and/or applied research; or
This petition is the second or
subsequent request for an extension of
stay filed by the employer regardless of
when the first extension of stay was
filed or whether the $1,500.00 or
$750.00 filing fee was paid on the
initial petition or the first extension
of stay; or Has obtained a full and
unrestricted license to practice nursing
in the country where the alien obtained
nursing education, or has received
nursing education in the United States;
The petition must be filed by the
facility with evidence that the nurse:
Has obtained a health care worker
certification or certified statement, in
accordance with section 212(a)(5)(c) of
the Immigration and Nationality Act
(INA) from the Commission on Graduates
of Foreign Nursing Schools or another
approved credentialing organization; Has
passed the examination by the Commission
on Graduates of Foreign Nursing Schools
(CGFNS), or has obtained a full and
unrestricted (permanent) license to
practice as a registered nurse in the
state of intended employment, or has
obtained a full and unrestricted
(permanent) license in any state or
territory of the United States;
Is fully qualified and eligible under
the laws governing the place of intended
employment to practice as a registered
nurse immediately upon admission to the
United States (including such temporary
or interim licensing requirements which
authorize employment), and is authorized
under such laws to be employed by the
employer. For purposes of this
paragraph, the temporary or interim
licensing may be obtained immediately
after the alien enters the United
States; and This petition is an amended
petition that does not contain any
requests for extension of stay filed by
the employer; or This petition is to
correct a USCIS error; or The employer
is a primary or secondary education
institute; or U.S. employers claiming
exemption from payment of the $1,500.00
or $750.00 filing fee on the basis of
status as (a) a nonprofit organization
or entity related to, or affiliated with
an institution of higher education, or
(b) as a nonprofit research organization
must submit evidence of tax exempt
status under the Internal Revenue Code
of 1986, section 501(c)(3), (4), or (6),
26 U.S.C. 501(c)(3), (c)(4), or (c)(6);
or What evidence is required under Part
B? Write H-1C in the classification
requested block on the petition.
An H-1C is an alien coming temporarily
to perform services as a registered
nurse at a qualifying health care
facility.
H-1C.
All other U.S. employers claiming
exemption from payment of the $1,500.00
or $750.00 filing fee must submit a
statement describing why the
organization or entity is exempt. All
U.S. employers must complete Part C even
if they are not claiming the fee
exemption in Part B. Completing Part C
of the Supplemental Form.
The employer is a nonprofit entity which
engages in an established
curriculum-related clinical training or
students register at the institution. A
current copy of the U.S. Department of
Labor's notice of acceptance of the
filing of its attestation on Form ETA
9081; and The following must also be
submitted with this petition: Will be
authorized by a State Board of Nursing
to engage in registered nurse practice
in a state or U.S. territory and will be
practicing in a facility that provides
health care services.
A statement describing any limitations
that the laws of the state or
jurisdiction of intended employment
place on the alien's services; and The
employment contract; and Evidence of the
alien's previously granted
classification in the past three years
if within the United States during this
time. |
