The H-1B2 visa is intended for individuals who have a research or development group/project that is monitored by the United States Department of Defense (DOD). A participant is selected for this visa if they have an extraordinary skill that can be translated to a specific Department of Defense project.
The H-1B2 visa is a subcategory of the H-1B visa, with its own separate allocation of visas issued annually. Only 100 H-1B2 visas are made available in the United States, which makes them extremely competitive.
H-1B2 Visa Job Position Qualifications
The job being offered must meet at least one of these requirements to qualify for an H-1B2, Department of Defense Worker visa:
- The group/project is maintained under a government-to-government agreement issued by the U.S. Department of Defense.
- The position mandates a bachelor’s degree or higher from an accredited university or college.
- If you received your education in another country, you will need to get a credential evaluation. This confirms that your degree or education is equivalent to that of a U.S.-based institution.
Speak with a VisaNation attorney about your H-1B2 petition!
H-1B2 Visa Candidate Requirements
One of the following must be completed:
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U.S. education certification of a bachelor’s degree or higher within the field of the indicated position.
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Obtain an equivalent foreign degree that demonstrates the candidate has received a bachelor’s degree or higher within the field of work.
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Possess a state license, certification, or registration that allows the applicant to be fully qualified and certified for the position.
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The applicant has fully completed education, training, or work experience that is equivalent to a bachelor’s degree.
H-1B2 Visa Application Process
Before the individual can receive H-1B2 status, the applicant is required to have been offered and accepted a qualified position.
The employer can file the H-1B2 petition six months before the employee’s start date. The U.S. employer is obligated to submit a Petition for Non-immigrant Worker (Form I-129). The petition should be filed with the designated USCIS service center.
H-1B2 Processing Time
The I-129 petition will take an average of six to eight months to be processed by the USCIS, though this depends on the backlog of the particular service center. To expedite this process, you can opt for the premium processing service, which shortens your petition’s processing time to 15 business days for an additional fee.
Once your I-129 is approved, you will have two options:
- If you are already in the U.S. under a different nonimmigrant status (such as an F-1 visa), your status will automatically change as soon as you start working as an H-1B2 nonimmigrant.
- If you are outside the U.S., you will likely need to go through consular processing. This means that you must travel to the designated U.S. Consulate or Embassy in your home country to participate in an interview with a consular officer. The officer will ask you questions about you, your background, your employment, and your plans in the U.S. Consular processing can take anywhere from a few weeks to several months, depending on the Consulate or Embassy.
H-1B2 Visa Cost
The mandatory fees associated with the H-1B2 are as follows:
- I-129 basic filing fee: $730 online filing
- If you are going through consular processing, you will need to complete the DS-160 online non-immigrant visa application, which has a $205 fee.
Other optional costs include:
- Premium processing fee – $2,805
- Travel costs – Anywhere from $100-$2,000
- Attorney fees – Vary
The I-129 filing fee is the responsibility of the employer. You, the beneficiary, are not permitted to pay this fee by law. As for the premium processing fee, that can be paid either by you or your employer.
President Trump has signed a new proclamation introducing a $100,000 fee for new H-1B petitions. This change could impact employers and foreign workers planning to apply, but exclusions apply. Read our full article for more details
Supplementary Documentation Required with Petition
You must include additional evidence that supports your H-1B2 petition, and this includes:
- Licenses/Certificates, Resume, and a copy of your passport
- DOD Project Manager Letter
- Detailed description of the position and proof that it requires extraordinary competency or skill
- Evidence that the position qualifies under all requirements and meets H-1B2 conditions
- A list of all the temporary immigrants who were hired to complete the project within the last year. Dates of employment are necessary for a petition.
Keep in mind that this list is not exhaustive.
A Labor Condition Application (LCA) is not required for the H-1B2 visa. If the individual is not in the United States when the I-129 form is authorized, the individual is able to file an application with a U.S. embassy or consulate for an H-1B visa. If the applicant is entering the United States on an H-1B classification, they must then apply to the U.S. Customs and Border Protection for entry into the United States.
President Trump has signed a new proclamation introducing a $100,000 fee for new H-1B petitions. This change could impact employers and foreign workers planning to apply, but exclusions apply.Read our full article for more details
H-1B2 Visa Length of Stay
The H-1B2 holder may work in the United States for 10 years, but can apply for extensions. Extensions would be granted in two-year intervals. If applying for an extension, the applications should be attached with a letter from the project manager of the Department of Defense and should adhere to these requirements.
It’s necessary to note that changing your status from a previous immigration status, like L-1, F-,1 or J-1, counts towards the cap. Here’s more information relating to the H-1B Cap.
Applicants with an H-1B2 status may be interested in adjusting their status to an H-1B, however, the duration of stay on the H-1B2 visa does count towards the time given on the H-1B visa.
Difference Between H-1B2 and H-1B3
Their names may sound alike, but these are altogether different visas. The H-1B3 visa is for aliens who are internationally recognized fashion models to come work in the U.S.; not to be confused with the H-1B2, which is for individuals conducting research or a project monitored by the Department of Defense (DOD).
An H-1B2 visa has a number of qualifications and eligibility requirements that must be met. Only 100 are granted in the United States at any given point in time, so it’s imperative to contact an immigration attorney. Also, keep the aforementioned points in mind, including the documentation required with the petition, duration of stay, and application process.
How VisaNation Can Help
No matter which visa or green card you’re interested in, it’s important to have an expert guide you on your immigration journey. The complexity and detailed requirements for the H-1B2 make getting help all the more necessary.
VisaNation Law Group has a team of lawyers who have helped countless people like yourself live and work in the U.S. through the H-1B2 visa. From helping you define a specialized job and filing your petition to dealing with obstacles such as RFEs, they can help.
Get in touch with one of our immigration attorneys