H-1B visas used by firm to create low-cost workforce, U.S. alleges

[WilmywoodNCparalegal]

32. Skilled welding will not qualify for H-1B visas

H-1B visas are known as 'specialty occupation' visas. The occupation must be the kind of job that requires at least a U.S. bachelor's degree or above (or foreign equivalent or combination of experience and education where 3 years of full-time experience equal 1 year of undergraduate studies) in order to be performed. Welding does not meet this standard. An exception to this rule is for the H-1B3 category for fashion models and/or limited occupations that are considered to be artisan/crafts such as professional knitters and master chocolatiers.

Furthermore, in addition to the occupation being a 'specialty occupation' the worker must possess the appropriate educational credentials. Welding does not require a bachelor's degree and it's not considered an art or craft such as chocolatiers or professional knitters.

If this company was looking for H-1B welders, good luck with that. I'd love to see those petitions and I'm sure I'd love to see the denials from USCIS.