H-1B2 visa (DoD Researcher and Development Project Worker Visa)

After a position has been offered and accepted by a foreign national to work on a specific project by the Department of Defense, the DoD will then need to file a petition for the H-1B2 visa. To apply for an H-1B2 visa, the Department of Defense will first to need file Form I-129(Petition for Nonimmigrant Worker) with the United States Citizenship and Immigration Services (USCIS). Along with Form I-129, the Dod will also need to submit the following documents:

• A statement from the DoD describing the job role along with evidence that it requires an H-1B2 foreign workers
• A statement from the Dod detailing all non-permanent residents who have been employed by this DoD project within the past year (along with dates of employment)
• All relevant documents that prove that the foreign worker has the necessary qualifications

After Form I-129 is approved, the visa applicant will then need to proceed with consular processing if he/she is outside the United States. The applicant will then need to fill out Form DS-160 (Online Nonimmigrant Visa Application). This is an online form that will ask the applicant questions regarding their background, education, work experience, and reasons for wanting to enter the United States. After this form is completed, the applicant will be shown a confirmation page complete with a confirmation number. It is important that this confirmation page is printed out as it will need to be submitted later in the application process.

After the applicant has submitted the DS-160 form online, he/she will then be asked to schedule and attend a visa interview at their nearest U.S. Embassy or Consulate. After the visa interview, the foreign worker will then receive a decision regarding whether or not their H-1B2 visa has been approved.

If the applicant is already in the United States when their I-129 Form is approved, their visa status will automatically change when they start working for the Department of Defense (DoD).

When the Department of Defense (DoD) files the I-129 petition for the foreign worker, they will need to submit the following relevant documents:

• A letter from the DoD verifying that the applicant has been offered and accepted a job working for cooperative research and development project or a coproduction project under a reciprocal Government-to-Government agreement that is under the administration of the DoD. Details regarding the specific project are not required.
• A statement providing the descriptions of the proposed employment with starting dates of the employee
• A statement detailing and listing the names of all other non-U.S. citizens who have also been employed on the project along with their start dates (including all those who have worked on the project within the past year)
• Relevant documents that show the applicant is qualified to work on the project (ex. copies of Bachelor’s degree, Master’s degree, or any other documents which should that the applicant has received relevant training or has the necessary work experience)

After Form I-129 is approved, the foreign worker will need to undergo consular processing in order to have their H-1B2 approved (if they are abroad at the time). The following documents may need to be submitted at the visa interview:

• A valid passport (valid for at least 6 months after intended travel)
• Visa interview confirmation page
• DS-160 confirmation page
• A copy of the I-129 petition submitted by their employer to the USCIS
• The I-797 (Notice of Action) approval notice from USCIS
• Receipts of visa fee payments
• Any relevant documents supporting your application (copies of degrees, relevant certifications, an updated CV, work contracts, etc)
• A photograph (if you were unable to upload a digital photo to the DS-160 Form)

For a more detailed list of what documents will need to be submitted, contact an experienced immigration lawyer for more information.

Unlike other H-1B visas where a non-immigrant worker can stay in the United States for up to three years, the H-1B2 visa is valid for up to 10 years. Foreign workers can extend their non-immigrant visas by applying for an extension which is granted in 2-year increments. Extention applications should include a letter from the DoD project manager stating the reasons for an extension and the worker’s duties.

The processing time for the H-1B2 visa will normally depend on if there is any backlog at the USCIS. Normally, most I-129 Forms are processed within 6 months followed by consular processing. The amount of time it takes to have a visa issued by a U.S. Embassy or Consulate abroad will also depend on that particular embassy or consulate’s workload and backlog. Most non-immigrant work visas are processed in 3-5 weeks.

Anyone who would like to speed up the processing time can apply for premium processing which can process a petition within 15 days. To apply for premium processing, the sponsor must submit Form I-907 with Form I-129 and pay $2,500 for the premium processing fee.