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December 03, 2008
State of Minnesota Website

H-1B Process for Temporary Specialty (Professional) Workers

What the Procedure Does

Allows U.S. employers to hire foreign workers in occupations requiring highly specialized knowledge traditionally acquired through a college education, and as distinguished fashion models. To qualify for this visa category, a foreign worker must have at least a bachelor's degree or higher degree. Fashion models do not need a college degree. The job may be full-time or part-time.

How to File

The employer must file form ETA-9035 (Labor Condition Application) directly with the U.S. Department of Labor. Go to their website for up-to-date filing instructions and forms. The Minnesota Foreign Labor Certification Unit has no involvement in the H-1B process other than providing prevailing wage information. DO NOT contact the FLC Unit for assistance with this filing system or to request the ETA-9035.

How to Obtain a Prevailing Wage Request Form

The requestor must allow at least 14 business days processing time from the date of receipt of the request by the FLC Unit. The prevailing wage determination will be faxed to the requestor whenever possible. The Prevailing Wage Request form can be found on this website and if assistance is needed, call 651.259.7506.

Email questions or comments to deed.foreignlabor@state.mn.us.

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