H-1B2 Visa (DOD Research Worker)
H-1B2 is a work visa program for temporary employment for a cooperative research and development project governed by the Department of Defense.
If you have a degree or qualifications to perform exceptional services related to a cooperative and development project in a specialty occupation, H-1B2 might be the best work route for you.
For further information on all types of H-1b visas, visit our website or call us at +1 844 290 6312 for immediate help and assistance with your situation. We’re here to help you in person, via the phone, or online.
About H-1B2 visa
H-1B2 is a nonimmigrant visa that enables foreign workers to perform services in the United States Department of Defense (DOD). The visa program attracts foreign workers with specialized knowledge to work in specialty occupations centered on cooperative research and development projects.
- About H-1B2 visa
- What Are the H-1b2 Requirements?
- What Are the Required Documents?
- What Are the H-1b2 Visa Eligibility Requirements?
- Who Can Apply?
- How to Apply
- H-1B Cap
- What Are the Required Fees for H-1b2 Application?
- What Is the Processing Time for H-1b2?
- What Is the Validity Period of H-1b2?
- How Can Total Law Help?
- Frequently Asked Questions
What Are the H-1b2 Requirements?
H-1B2 is a work visa to render specialty services. The jobs under the specialty occupation have a minimum requirement of a bachelor’s degree or work experience as an equivalence. The following are the key requirement for H-1B2:
You must have signed a job offer from your prospective employer. The job must have a minimum requirement of a bachelor’s degree from an accredited university (in the United States or abroad).
You must have a Bachelor’s degree or higher or an equivalent foreign degree from an accredited higher institution. The degree must be in the specialty occupation you have been employed. As an alternative, you must have a certification, unrestricted state license, and registration that permits your practice in the specialty occupation.
You must have gone through specialized training, education, or progressively responsible experience in your specialty occupation. It must be equivalent to acquiring a degree relevant to the job position.
Your sponsoring employer or representative must file a petition to appeal for your employment.
Your employer or representative must submit a letter from the DoD project manager affirming that your employment is centered on performing services in a cooperative research and development project or coproduction project. The coproduction project must be a reciprocal government-to-government agreement administered by the Department of Defense.
Your employer or representative must submit a comprehensive description of your roles or duties on the particular project you have been employed for and your actual start date.
Your employer or representative must provide a statement with the names of all the current foreign development project workers with their start dates. Also, those whose employment ended within the past year.
Note that H-1B2 does not require the Labor Condition Application (LCA) for application.
What Are the Required Documents?
The following documents are required for application:
- Petition Form I-129
- Verification letter: The letter is a confirmation from your DOD project manager for your proposed employment. The letter declares your employment in a cooperative research and development project or coproduction project.
- Job description: A document describing your duties on the particular project and stating your actual date of employment.
- Project participants: A list of all the current foreign workers on the project and their employment dates. Also, the foreign employees whose employment ended in the previous year.
What Are the H-1b2 Visa Eligibility Requirements?
The key eligibility factor is that you must be at least a bachelor’s degree holder or have an equivalent work experience in the professional field of service. Any of the following criteria qualifies you for H-1B2:
You have a bachelor’s or advanced degree from an accredited college or university in the United States.
You have a foreign degree from an accredited college or university. It must be an equivalent of a bachelor’s or higher degree in the United States.
You have a certificate, registration, or unrestricted state license granting you permission to practice your profession and perform services in the specialty occupation specific to your intended employment.
You have acquired a qualification or experience through education, progressively responsible experience, or specialized training related to the specialty occupation. It must be equivalent to a U.S. bachelors or higher degree.
Who Can Apply?
H-1B2 is open to foreign workers whose professions are centered on employing a theoretical and practical application of highly specialized knowledge in rendering services or creating solutions. Such expertise must be acquired through a bachelor’s degree or higher degree or other acceptable means.
How to Apply
The H-1B2 application process is the same as the H-1B. The application process is online through myUSCIS account. Before the online application process, you must first accept a job offer from a sponsoring employer. Once you accept the offer, the application begins fully.
File a Petition
Your prospective employer must file a petition to U.S. Citizenship and Immigration Services (USCIS) for Nonimmigrant Workers – Form I-129. The petition must provide a handwritten signature and have the following attachments:
- A document describing the employment contract, proving that the job requirement is relevant to the development project or service necessitating the employment.
- A statement with the names and employment dates of all similarly qualified development project workers currently on the project and those whose contract ended within the past year.
- A confirmation letter from the DoD project manager for the specific project. The letter affirms the authenticity of the employment contract that you are hired for a cooperative research and development project or a DoD-administered reciprocal government-to-government project.
After the petition is approved and you are in the United States with a different visa status, the H-1B2 visa status will replace your current status whenever you start work. If you are outside the United States, your application process continues.
Fill Out the Ds-160 Application Form
The next phase of your application is to fill out an online nonimmigrant visa application form (DS-160). The form will inquire about your personal, travel, work history, family, and U.S. contact information. You must provide all answers in English.
You spend approximately 90 minutes filling out the application form. Before you start filling out the form, write out the Application ID Number on your screen to always access your application. If you need to pause your application, you should save the information you already input to avoid losing them.
Once you are done providing your answers, provide your e-signature and submit. The next screen will be the confirmation page. Print it and submit it at your interview post.
Book an Appointment
After applying online, the next phase is consular processing. In other words you must visit the U.S. Consulate or Embassy in your country. First, you must book an appointment for an interview. You can book one online or contact the USCIS call center.
Attend Your Interview
The U.S. Consulate does not tolerate lateness. You must get there 15 minutes before your interview for the security checkpoint and check-in. Your arrival must not be later or earlier than 15 minutes to your scheduled time.
The purpose of the interview is to properly go through your application and verify that all the information and documents provided are accurate. It helps to update the information if your situation changes. And also resolve incomplete and unanswered questions.
You will need to provide the following documents at the embassy:
- Copy of Form I-129 petition filed by your employer.
- I-797 Notice of Action or approval notice.
- Certifications, if applicable.
- Degree certificate.
- DS-160 confirmation page.
- Proof of visa fee payment.
- Passport photograph (only if you couldn’t upload your passport during your online visa application).
- Updated CV detailing your professional history.
- Valid passport.
- Visa interview confirmation page.
- Other supporting documents required in your application.
The H-1B visa cap is a system for regulating the issuance of visas to immigrant workers on an annual basis. The cap is binding on the number of visa applications the U.S. Citizenship and Immigration Services (USCIS) can accept and process every fiscal year. All the H-1B visa variants have a cap of 65, 000 new visas. However, there are exemptions:
- 20,000 petitions for nonimmigrant workers. Only petitions for applicants with master’s or advanced degrees from an accredited university in the United States are eligible.
- Petitions for employment in higher education institutions, its affiliates or related nonprofit organizations, a nonprofit or government research organization.
What Are the Required Fees for H-1b2 Application?
The sponsor employers are responsible for all their foreign employees’ H-1B visa fees. As well as fees attached to filing an H-1B2 petition. Suppose you are not in the United States when filing the petition and have to do the consular processing for entry into the United States. In that case, you are responsible for all the fees attached to your visa application processing.
If your employer cannot wait for the six months standard length of processing time for the petition, your employer can pay for a premium processing service. You may also choose to pay for the service. If your employer chooses to apply through an immigration attorney, they are responsible for the fee.
If you also wish to fast-track your visa application processing time, you can also pay for a premium processing service. The following are the fees for the H-1B2 application:
- H-1B electronic registration process: $10 (per applicant). It is a non-refundable fee that grants permission to submit an H-1B registration.
- Petition for a Nonimmigrant Worker – Form I-129: $460
- Premium Processing Fee (Optional): $2,500
- Consular Processing – Form DS-160: $190
If your employer terminates your employment contract before the end date, they are responsible for your return home ticket. However, you are responsible for your transportation home if you choose to resign.
What Is the Processing Time for H-1b2?
It takes the USCIS a period of six months to process the I-129 petition. The volume of petitions also determines the length of the processing time. It could be less than six months or more.
You can fast-track the processing time through the premium processing service. The premium service expedites the processing for faster decisions. Instead of waiting for six months, you wait for 15 calendar days. Note that fast-tracking your processing time does not guarantee approval.
What Is the Validity Period of H-1b2?
The validity period of H-1B 2 is up to ten years. If you wish to extend your stay, you can get a two-year extension if you meet the criteria. When applying for an extension, attach a letter that details your employment description from your DoD project manager.
How Can Total Law Help?
Total Law is one of the leading firms in global immigration. We have non-such expertise in U.S. immigration. You can work with one of our immigration lawyers to make your application process easier.
We are flexible and experienced enough to professionally handle the needs of the employer and the prospective foreign worker.
We provide a broad spectrum of immigration services for the United States Citizenship and Immigrant and Nonimmigrant visa routes.
Visit our website or call us at +1 844 290 6312 for immediate help and assistance with your situation. We’re here to help you in person, via the phone, or online.
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Frequently Asked Questions
Type H visa is a nonimmigrant visa that enables US employers to hire foreign nationals with highly specialized knowledge to work in specialty occupations such as Education, IT, Finance, Engineering, Life Sciences, Law, Accounting, Mathematics, and more.
H-1B1 visa status is an immigrant program for nationals of Singapore and Chile on temporary employment in a specialty occupation in the United States.
Only citizens of Singapore and Chile are eligible for H1B1. Other eligibility requirements apply.
Only foreign citizens with technical and theoretical expertise. They must have a minimum of a bachelor’s degree or equivalent work experience or other qualifications.