(c) Assessment of education by a reliable credentials assessment service which specializes in evaluating foreign educational credentials

(d) Proof of certification or registration from a nationally­ recognized professional association or society for the speciality that is known to grant certification or registration to persons in the occupational speciality

(e) A explanation by the Service that the equivalent of the degree required has been obtained through a combination of education, specialized training, and/or work experience in areas related to the speciality and that the Indian candidate has achieved recognition of expertise.

For purposes of explaining equivalency to a baccalaureate degree in the speciality, three years of specialized training and/ or work experience must be demonstrated for each year of college-level training. For equivalence to an advanced degree, the candidate must have a baccalaureate degree followed by at least five years of experience in the speciality.
If required by a speciality the Indian candidate must hold a Doctorate degree or its foreign equivalent. It must be clearly explained that the Indian candidate's training and/ or work experience included the theoretical and practical application of specialized knowledge; that the Indian candidate's experience was gained while working with peers, supervisors, or subordinates who have a degree or its equivalent; and that the Indian candidate has recognition of expertise in the specialty evidenced by at least one type of documentation such as:
(I) Recognition of expertise in the speciality occupation by at least two recognized authorities in the same specialty occupation
(II) Membership in a recognized foreign or US association or society in the speciality occupation
(III) Published material by or about the Indian candidate in professional publications, trade journals, books, or major newspapers
(IV) Licensure or registration to practice the speciality occupation in a foreign country or
(V) Achievements which a recognized authority has established to be significant contributions to the field of the speciality occupation.

The employer must submit the following with H-1B petition

(1) Certification from the Secretary of Labor proving that the employer has filed a labor condition application with the Secretary
(2) A statement that the employer will meet with the terms of the labor condition application for the duration of the Indian candidate's period of stay
(3) Evidence that the Indian candidate qualifies to perform services in such position the specialty occupation, and

Required Documents
The Indian candidate is required to submit the following documents:

(1) School records, diplomas, degrees, affidavits, declarations, contracts, and similar documentation submitted must reflect periods of attendance, courses of study, and similar pertinent data, be executed by the person in charge of the records of the educational or other institution, firm, or establishment where education or training was acquired.

(2) Affidavits or declarations made under penalty of perjury submitted by present or former employers or recognized authorities certifying as to the recognition and expertise of the beneficiary shall specifically describe the beneficiary's recognition and ability in factual terms and must set forth the expertise of the affiant and the manner in which the affiant acquired such information.

(3) Copies of any written contracts between the employer and candidate, or a summary of the terms of the oral agreement under which the candidate will be employed, in case there is no written contract.

Criteria and documentary requirements for a DOD Cooperative Research and Development Projects or Co-production Projects:
General

A baccalaureate or higher degree, or its equivalent. The existence of this special program does not preclude the DOD from utilizing the regular H-1B provisions provided the required guidelines are met.

The requirements relating to a labor condition application from the Department of Labor shall not apply to petitions involving DOD cooperative research and development projects or co-production projects.

Employer requirements

Verification letter from the DOD project manager for particular project stating that the Indian candidate will be working on cooperative research and development project or co-production project under a reciprocal Government-to-Government agreement administered by DOD must be enclosed along with the petition. Details about the specific project are not required.

The employer must provide a general description of the Indian candidate's duties on the particular project and mention the actual dates of the candidate's employment on that project.

The employer must submit a statement detailing the names of Indian candidates presently working on that project in US and their dates of employment. The petitioner shall also indicate the names of candidates whose employment on that project ended in the last year.

Candidate Requirement

The petition should be accompanied by proof that the candidate has a baccalaureate or higher degree or its equivalent in the occupational field in which the candidate will be performing services.

Criteria and documentary requirements for fashion modeling

Eminence in the field of fashion modeling has to be established in case of an individual fashion model. The work in which the eminent Indian candidate is going to perform in the US must require the services of an eminent Indian candidate. A petition for an H-1B of distinguished merit and ability in the field of fashion modeling should be accompanied by

(1) Documentation, certifications, affidavits, writings, reviews, or any other required proof sufficient to establish that the candidate is a fashion model of distinguished merit and ability. Affidavits submitted by present or previous employers or recognized experts certifying the recognition and distinguished ability of the candidate specifically describing the candidate's recognition and ability in factual terms and must describe the knowledge of the affiant and the manner in which the affiant acquired such information

(2) Copies of any written contracts between the petitioner and candidate, or a summary of the terms of the oral agreement under which the beneficiary will be employed, if there is no written contract.

Petitioner's requirements

To ascertain that the position requires eminence, the employer must establish that the position meets anyone of the following criteria:

(1) The services to be performed involve events or productions which have an eminent reputation;
(2) The services are to be performed for an organization or establishment that has a distinguished reputation for, or record of, employing prominent persons.

Candidate's Requirements

The employer must establish that the candidate is a fashion model of distinguished merit and ability by submitting any two of the following documents proving that the Indian candidate:

Is recognized at national or international level and praised for outstanding success in that field by means of reviews in major newspapers, trade journals, magazines, or other published material

Has performed and will perform as a fashion model with an eminent reputation

Is recognized for remarkable achievements from organizations, critics, fashion houses, modeling agencies, or other recognized experts in the field; or

Receives a high income or other substantial remuneration by means of contracts or other reliable proof.

Criteria and documentary requirements for H-IB petitions for physicians
Candidate's requirements

An H-IB petition for a physician shall be accompanied by evidence that the physician:

(1) Possesses a license or any other authorization required by the state of proposed employment to practice medicine, or is exempted

(2) Obtained a full and permanent license to practice medicine in India or has graduated from a medical school in US or in India.

Petitioner's Requirements
The petitioner must establish that the Indian physician:

Is coming to the US to teach or conduct research for a public or nonprofit private educational or research institution, and that no patient care is to be performed, except that which is incidental to the physician's teaching or research or

The Indian physician has passed the Federation Licensing Examination (or an equivalent examination as determined by Secretary of Health and Human Services) or is a graduate of a US medical school and

Is fluent in oral and written English which shall be established by the passage of the English language fluency test given by Educational Commission for Foreign Medical Graduates or

Is a graduate from a school of medicine accredited by a body approved by the Secretary of Education

A physician graduate from a medical school in India and renowned at national or international level is exempted from the requirements of this section.

Validity of Petition

1. An approved petition for an Indian in a specialty occupation shall be valid for a period of up to three years and may not exceed the validity period of the labor condition application.
2. An approved petition for an Indian involved in DOD research and development project or co-production project shall bevalid for a period of up to five years.
3. An approved petition for a candidate of distinguished merit and ability in the field of fashion modeling shall be valid foa period of up to three years.

Limitation on Admission

An H-IB Indian in a specialty occupation or of distinguished merit and ability who had spent total six years in US may not seek extension, change status, or be readmitted to US unless the candidate has resided and been physically present outside US, excluding the short trips for business or pleasure in that previous year.

An H-1B Indian involved in a DOD research and development or co-production project who has spent total 10 years in US may not seek extension, change status, or readmission to US to undertake services involving DOD research and development project or co-production project. A new petition or change of status will not be entertained unless the candidate has resided and been physically present outside US, excluding the short trips for business or pleasure in that previous year.

Additional fee for filing certain H-IB petitions

The US employer other than an exempt employer must include the additional fee, if the petition is filed for any of the following purposes:
An initial grant of H-1B status
An initial extension of stay or
Authorization for a change in employers
The US employer must pay the $110 filing fee and additional $500 filing fee in a single remittance totaling $610. The employer may submit two checks, one amounting $500 and the other amounting $110.

Documents required by H-IB applicant in India

A valid passport.
A completed and signed visa application Form DS-156.
A completed and signed Supplemental Application Form DS­157.
Appointment letter.
One recent passport size photograph.
HDFC Bank Fee receipt with two bar coded stickers.
Demand Draft for the issuance fee.
I-171-- the original notice of approval.
The complete petition submitted by the prospective employer including Labor Condition Application (LCA) and the I-129.
The originals of the University diplomas, mark sheets and any other relevant certificates. (Secondary school information is not required).
Work experience letters from previous employer / s.
One set of photocopy of all the above documents.
Letter from the petitioning employer confirming employer's intent to hire the applicant.
Pay slips from current or most recent place of employment.
First time applicants should also accompany the following:­
(a) Name and current phone numbers of the personal managers at the applicant's present and past jobs.
(b) Photographs of the inside and outside of current or most recent employer's place of business.
(c) Names and contact information of the two co-workers from the current or most recent place of employment.
(d) Names and contact information of the two co-workers from the past job/so (e) A complete resume of the applicant.
(f) Covering letter from the applicant addressed to the Embassy/Consulate, describing current job duties in detail.
(g) Applicant's personal bank records for the last six months.
(h) U.s. company information where the applicant proposes to join. Such as: photographs of the inside and outside of the company's office/s, prospectus, brochures, annual reports etc.

Note:
1. The Embassy/Consulate will not accept documents received directly from the company by mail/fax.
2. All documents are expected to be brought by the applicant personally to the interview.
3. The Embassy will not make the information available to any one and will destroy the documents after review.
4. Employees who have changed their employers in the U.S. in accordance with Department of Homeland Security (DHS) procedures for making such a change may continue to use his/her original H-1B visa for entry into the u.s. Upon applying for entry, the visa holder must present the new Form I-797 A, (Notice of Action) evidencing the approval of the change of employer in addition to the visa