H-1B Visas for Marketing and Advertising Specialists

In today’s digital world, businesses are competing in an attention-based economy. For many companies, a specialized professional is required in order to create and execute a successful marketing campaign.  This professional must have expertise in marketing and advertising to capture attention, connect with customers and convert the leads.

When your company relies on a global hiring pool to find the best specialists, an H-1B visa is a great solution, MVP Law Group can help you understand H-1B requirements, gather necessary documents, and address any challenges.

If you want to start the H-1B visa process, feel free to contact us to set up a consultation.

What Makes Marketing and Advertising a Specialty Occupation?

The main requirement for getting an H-1B visa is working in a “specialty occupation,” as determined by United States Citizenship and Immigration Services (USCIS). In terms of the H-1B visa program, marketing and advertising specialists can be considered specialty occupations when they involve roles that require:

  • Specialized knowledge, skills, and expertise.

To qualify as a specialty occupation under the H-1B program, a job must meet certain criteria:

  • Education - The position typically requires at least a bachelor's degree or higher in a specific field related to the job. In the case of marketing and advertising, this could include degrees in marketing, advertising, communications, business, or a related field.

  • Specialized knowledge - The job must demand specialized knowledge and skills that are not commonly possessed by individuals without the requisite education and training. In marketing and advertising, this could encompass expertise in market research, consumer behavior, advertising strategies, branding, digital marketing, and other specialized areas.

  • Complex duties - The role should involve complex duties and responsibilities that necessitate the application of the specialized knowledge acquired through education and experience. For instance, a marketing manager might need to develop intricate marketing campaigns, analyze data to make strategic decisions, and oversee marketing teams.

  • Industry standards - The occupation should align with industry standards and practices, where it is widely recognized that professionals in such roles typically hold at least a bachelor's degree or higher.

  • Prevailing wage - The employer must pay the H-1B visa holder a wage that meets or exceeds the prevailing wage for the specific occupation in the geographic area where the job is located.

  • Employer sponsorship - To secure an H-1B visa, the employer must sponsor the foreign worker and demonstrate that the position qualifies as a specialty occupation.

In the context of marketing and advertising, certain positions can qualify as specialty occupations if they meet the above criteria. Usually, these positions include:

  • Marketing managers

  • Digital marketing specialists

  • Advertising executives

What Can Applicants Expect During the H-1B Process?

As an employee, initiating and then navigating the H-1B process can be quite challenging given the complex nature of the laws and regulations surrounding these visas. That said, working with our team can help guide you through this process. While every H-1B visa application and process differs slightly, you can expect the process to include the following:

  • The process begins when an employer in the United States offers you a job that qualifies as a specialty occupation and is willing to sponsor your H-1B visa.

  • Before filing the H-1B petition with the USCIS, your employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor (DOL). The LCA certifies that your employment will not negatively affect wages and working conditions of U.S. workers.

  • Your employer will file an H-1B petition on your behalf with the USCIS. This includes Form I-129, Petition for a Nonimmigrant Worker, along with supporting documentation.

  • USCIS will review the petition and may request additional documentation or clarification. Processing times can vary, and you may opt for premium processing for faster adjudication, though this incurs an additional fee.

  • Once the H-1B petition is approved, you will receive a Notice of Approval (Form I-797). If you are outside the U.S., you will need to apply for an H-1B visa at a U.S. embassy or consulate. If you are already in the U.S. on another visa status, your status may change to H-1B upon approval.

  • H-1B visas are typically granted for an initial period of up to three years, with the possibility of extension for another three years. The maximum duration of stay in H-1B status is usually six years. If you wish to change employers while on an H-1B visa, your new employer must file a new H-1B petition on your behalf.

  • While on an H-1B visa, you may pursue permanent residency (a green card) in the U.S. through employment-based categories, but this is an entirely separate process.

As a marketing and advertising specialist working under an H-1B visa, maintaining your status is vital. Overall, just remember that the H-1B process takes time, so working closely with your employer and our experienced team can be crucial for a successful application.

Let MVP Law Group Help You Apply for Your H-1B Visa

When your company is looking to add talented marketing or advertising specialists through the H-1B visa program, MVP Law Group can help. Contact us today to schedule your consultation.