H-1B classification applies to persons in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. This classification requires a labor attestation issued by the Secretary of Labor. This classification also applies to Government-to-Government research and development, or production projects administered by the Department of Defense.
Compliance with U.S. Department Of Labor Requirements Involving H-1B Applications
As required by the U.S. Department of Labor (DOL), the following Labor Condition Applications (LCA) are made available to Brookhaven Lab employees hired through the H-1B program, including non-Brookhaven Lab Labor Condition Applications by external employers.
In order to be considered as a nonimmigrant under the above H1B classification Brookhaven National Laboratory must file Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS) in the Department of Homeland Security. Once approved, Brookhaven sends a notice of approval, Form I-797.
It should be noted that the approval of a petition shall not guarantee visa issuance to an applicant found to be ineligible under provisions of the Immigration and Nationality Act.
The petition and the visa are two separate items and controlled by two separate agencies. The visa process while in consultation with USCIS, is controlled by the United States Department of State.
* Detailed step by step look at the entire H-1B Petition process from start to finish (pdf)
Employees for temporary work visas should generally apply at the American Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence. Please check with the Embassy or Consulate office you are traveling to for times and availability. You may reach the Embassy sites of the U.S. Department of State’s website at www.state.gov.
Each applicant for a temporary worker visa must pay a nonrefundable application fee and submit:
* Please be aware that required documentation and fees can vary by country and all applicants should contact or go online to the Consulate or Embassy website where they are applying, for the most current information and instructions regarding visa applications.
The spouse and unmarried, minor children of an applicant under the H1B classification may also be classified as non-immigrants in order to accompany or join the principal applicant. A person who has received a visa as the spouse or child of a temporary worker (H-4) may not accept employment in the United States. The principal applicant must be able to show that he or she will be able to support his or her family in the United States.
Last Modified: May 21, 2020