Types of Visas in New York H-1B Advanced Degree Approval

1. Types of Visas in New York | Employment Immigration Framework for Scientific Professionals

This case arose in New York and was governed primarily by federal immigration law, including the Immigration and Nationality Act (INA) §101(a)(15)(H)(i)(b) and implementing regulations at 8 C.F.R. §214.2(h).Because the employment was located in New York, the petition also required compliance with New York Labor Law §§190–198 regarding lawful wages, payment practices, and employer obligations.The case illustrates how specific types of visas intersect with both federal standards and state level employment compliance.

Specialty Occupation Analysis in a Regulated Scientific Field

The offered position was classified as a specialty occupation requiring at least a bachelor’s degree in a specific field of study, as defined under 8 C.F.R. §214.2(h)(4)(ii).

The employer demonstrated that the role involved advanced formulation research, quality control oversight, and chemical safety compliance within cosmetic product development.

Detailed job descriptions, organizational charts, and project documentation were submitted to establish that the duties were complex, specialized, and directly tied to chemical engineering expertise.

This analysis was critical in positioning the role within qualifying types of visas for highly educated professionals.

2. Types of Visas in New York | H-1b Advanced Degree Exemption Strategy

The petition was filed under the H-1B Advanced Degree Exemption pursuant to INA §214(g)(5)(C), based on the beneficiary’s qualifying U.S. Graduate degree.This strategy allowed the case to be exempt from the standard H-1B numerical cap, reducing uncertainty and processing delays.Proper classification under this exemption is often decisive when selecting among available types of visas for advanced degree holders.

Academic Credential Evaluation and Degree Equivalency

The beneficiary held a U.S. Master’s degree in chemical engineering from an accredited institution, which met the statutory definition of an advanced degree under 8 C.F.R. §214.2(h)(4)(iii)(D).

Official transcripts, degree conferral letters, and institutional accreditation evidence were submitted to confirm eligibility.

The legal team ensured that the academic background directly aligned with the occupational requirements described in the petition.

This alignment strengthened the petition and supported the use of specialized types of visas for scientific professionals.

3. Types of Visas in New York | Employer Compliance and Labor Condition Application

Before filing the H-1B petition, the employer obtained a certified Labor Condition Application (LCA) from the U.S. Department of Labor in accordance with INA §212(n) and 20 C.F.R. Part 655.The offered wage met or exceeded the prevailing wage for chemical engineers in the New York metropolitan area.Compliance with New York State employment standards was essential to ensure the petition remained legally sound.

Wage Determination and New York Employment Law Alignment

The employer demonstrated compliance with New York Labor Law §§190–198 by documenting lawful wage payment structures and payroll practices.

Public access files were properly maintained as required under federal regulations.

This dual compliance approach reinforced the credibility of the petition and reduced the risk of post filing scrutiny.

Such preparation is a key factor when navigating types of visas that involve employer sponsorship.

4. Types of Visas in New York | Uscis Adjudication and Approval Outcome

The H-1B petition was filed with U.S. Citizenship and Immigration Services under regular processing.Despite the technical nature of the position, the case was approved without a Request for Evidence in approximately twenty days.The outcome reflects the effectiveness of precise legal analysis, thorough documentation, and strategic visa selection.

Efficient Processing without Request for Evidence

Clear presentation of eligibility under INA §101(a)(15)(H)(i)(b) allowed USCIS to adjudicate the petition without additional inquiries.

The approval granted the beneficiary lawful H-1B status to work in New York in a highly specialized research and manufacturing role.

This case highlights how selecting appropriate types of visas and structuring petitions carefully can lead to efficient and favorable outcomes.

29 Dec, 2025

Types of Visas in New York H-1b Advanced Degree Approval

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