H-1B Approval for Graphic Designer from Iran

We recently received an approval for a change to H-1B status for a graphic designer from Iran.

While many artists pursue an O-1B because it provides the ability to freelance, some artists have full-time work with one employer. In this case, a manufacturing company wished to sponsor the beneficiary for a full-time position as in-house designer for all of its marketing needs. To qualify for an H-1B, the company must first register the beneficiary in the H-1B lottery which takes place around April 1st. If you are selected in the lottery, the company then submits an H-1B petition, which includes a certified Labor Condition Application from the Department of Labor, as well as evidence of that the beneficiary’s educational qualifications tie in to the job being offered. Unlike an O-1B which is based primarily on one’s achievements as an artist, the H-1B’s focus is on whether the beneficiary’s educational degree is needed for the position, as well as whether the employer follows Department of Labor regulations and pays the prevailing wage to the beneficiary. In this case, the beneficiary had a Master of Fine Arts.

If you are a company and are interested in sponsoring a current or future employee, don’t hesitate to reach out to discuss different visa options, including the H-1B. I can be reached directly at amir@rasoulpourlaw.com.