Generally

    • Petitioner must be U.S. Employer (no independent contractors allowed).
    • Employee must be coming to work temporarily in the U.S. in a specialty occupation.
    • Labor Certification Application (LCA) is required to demonstrate that compensation will be at U.S. or local rate and that no jobs are unnecessarily taken from a U.S. Citizen or Legal Permanent Resident.

Specialty Occupation:

Occupation which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a baccalaureate or higher degree or its equivalent as a minimum requirement for entry into the occupation in the United States, and who is qualified for to perform services in the specialty occupation because he or she has attained a baccalaureate or higher degree or its equivalent in the specialty occupation. See Kurtzban, 990-991

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