H-1B Visa

To apply for an H-1B2 DOD Research and Development Project Worker Visa, visa applicants must qualify to work in research and development projects of the United States by meeting the following requirements:

• Received a job offer that requires a Bachelor’s or higher degree (or its equivalent foreign degree)
• Provide a verification letter from the Department of Defense project manager for the particular project stating that the Irish citizen will be working on cooperative research and development project or coproduction project under a reciprocal government-to-government agreement.
• Their employer can submit a short description of the applicant’s duties and the start date of employment. They should also submit a statement with names of all non-citizens currently employed on the U.S. project, along with their start dates.
• Hold a Bachelor’s or higher degree (or equivalent) in the specific specialty or has an unrestricted state license, registration, or certification that allows them to fully practice their specialty occupation.
• The foreign worker has recognized work experience in their specialty occupation

It should be noted that, unlike other H-1B visa categories, an LCA is not required for an H-1B2 visa.

To qualify for an H-1B3 visa, all applicants must meet the following requirements:

• Be accepted into a position or event that require fashion models of high esteem
• Be a fashion model of distinguished merit or ability
• Have a Certified LCA.

The visa application process for an H1B visa requires work from both the prospective employer and the Irish citizen applicant and includes the following steps:

1. Employers must first complete an electronic registration process on the USCIS website where they must provide information about the company and each prospective employee they wish to secure an H1B visa for. This costs $10 per prospective H1B visa applicant.
2. Employers must complete Form ETA-9035, which is filing for a Labor Condition Application (LCA) that they submit to the DOL no more than 6 months before the start of employment. This form is mandatory and is essential in place to protect foreign workers. The LCA determines aspects like fair wage, location of work, benefits, etc, and that all parties will follow the outlines of the H1B visa. It takes the DOL 7 days to review the LCA.
3. Employees must complete Form I-29 (Petition for a Nonimmigrant Worker) to USCIS. Here the employer needs to include all fees, evaluation, documents, applicant’s resume, employment agreements, and letters of support alongside the DOL approved LCA. This can take 3-4 months to process unless the employer opts for a speedier premium processing which includes a fee of $1,225.
4. Should your petition be accepted, it will depend on whether you are still in Ireland or already living in the US on a different visa. For those in Ireland, applicants will need to go to the US consulate in Dublin, Ireland for consular processing and submit the Form DS-160. When they enter America, you need to apply for admission at the border. If you happen to be in America already when your petition is approved, you should go to the port of entry and fill out Form I-94 and legally enter the country as an H1B visa holder.
5. You will then undergo a visa interview at the nearest U.S. Embassy or Consulate in your home country. After this visa interview, you will receive a decision on whether your application has been approved.

When you attend the scheduled visa interview, you will be required to bring the following documents with you:

• A copy of the passport
• Proof of prior employment
• Proof of existing certifications or accomplishments
• Letter from registrar to certify completion of educational credits
• Copy of educational or technical degrees
• A copy of transcripts
• Letter from the present employer

Usually, the H-1B visa is offered for three years and may be extended for six years – however, there are exceptions for up to 10 years depending on the job, particularly when this role is within the US Department of Defense.

In the instance your employer terminates your role before the end of the authorized period, the employer will be liable for the cost of your return transportation. However, if you resign, the employer will not be liable for your return transportation.

There are fees associated with the H1B visa, however, as per the US immigration National Act, the employer is responsible to pay fees that they are requested to, and they cannot ask the Irish applicant to pay them on their behalf.

Fees that are paid for by the employer:

• Registration Fee: $10
• Public Law 114-113 Fee: $4,000
• Basic Filing Fee: $460
• American Competitiveness and Workforce Improvement Act (ACWIA) Education and Training Fee: $750 or $1,500 – This fee varies depending on the number of employees the employer has. For employers with 1-25 full-time workers, the fee is $750. For those with 26 or more full-time employees, the fee is $1,500. Moreover, some organizations are exempt such as nonprofit organizations.
• Anti-Fraud Fee: $500

However, some fees will need to be paid by the Irish applicant and include:

• Consular Processing (Form DS-160): $190
• Premium Processing Fee (Optional): $2,500 (Can also be paid for by the Employer).
• Immigration Attorney Fee (Optional): Cost will vary (Can also be paid for by the Employer)

With these types of immigrant visas, you are permitted to apply for a Green Card while your H1B is valid. With a Green Card, you are permitted to stay in the US indefinitely.

There are several pathways to becoming a Green Card holder with an HB1. The most common way is via an employment-based Green Card. This includes:

• An EB1 Visa: EB1 visas for people with extraordinary abilities, outstanding researchers or professors, or can demonstrate evidence of some “sustained national or international acclaim.”
• An EB2 Visa: EB1 visas are for people with advanced degrees, or exceptional ability in the science, arts, business, or a National Interest Waiver.
• EB3 Visa: EB3 visa is for people who may not fit within the EB1/2 visa, but are skilled workers, professionals, or other (unskilled) workers.

Naturally, each route has unique eligibility requirements and application processes. In general, however, they are all petition-based categories and require an employer sponsorship of the application. However, for the extraordinary ability within the EB-1 visa, foreign nationals may self-petition.

Another route to the Green Card is if you have a qualifying family relationship with a U.S. citizen or Green Card holder, who is willing to sponsor your Green Card application.

If you apply for a Green Card before the H1B expires, your status will update from H1B to Green Cardholder. However, if the H1B visa expires before your Green Card application, you may need to leave the U.S. back to Ireland, pending the approval of your green card.