There aren’t many visas that can match the popularity of the H-1B. With it’s portability, dual intent status, and relatively low requirements, it is easy to see why tens of thousands of immigrants apply for this visa every year. Whether you are the beneficiary of the visa or an employer, it is important to know what the H-1B requirements are before getting started on the filing process to avoid any unwanted mistakes or delays.
Here is a quick rundown of the H-1B requirements:
A. You must have a minimum educational level of a bachelor’s degree
B. You must have a valid job offer from a U.S. employer
C. That job must be for a specialty position that requires the use of your degree
While these may seem simple enough, let’s break them down so that the ambiguity is dispelled. Remember, the USCIS rarely gives refunds and the regulations are usually very strict, especially with a visa that is in such high demand. For H1B Visa Process Visit UT Evaluators.
Firstly, you must have at least a bachelor’s degree that is relevant to your position. If you have 12 or more years of experience in a related field, you may be able to meet this H-1B requirement without a bachelor’s degree. However, it is far from guaranteed. Speak with your immigration attorney to determine if your experience can substitute for a degree.
Even though this H-1B requirement seems self-explanatory, issues arise when the relationship between employee and employer is called into question. This can create problems, especially when the beneficiary is self-employed. While it is possible to start a business on an H-1B visa, there are special steps that must be taken to meet this requirement.
Other than that, you need to make sure that your employer has the ability to control your job duties, your wages, and your employment status. As a contractor or agent, you need to make it clear in the petition how your employer-employee relationship meets this H-B requirement.
For the position to qualify as a “Specialty Occupation,” the position is obligated to fulfill at least one of the listed requirements:
A. The position must require a minimum of a bachelor’s degree or its foreign equivalent to enter.
B. The position is so complex or specialized that it only can accept professionals who have a bachelor’s degree or higher. An educational degree is a typical requirement for the position within the industry.
C. The employer generally obligates candidates to have an educational degree or its foreign equivalent to operate in the position.
Be aware that there is a cap on the number of H-1B visas allotted. Learn more about the H-1B Visa Cap. For more info on H1B Visa check Stsoft
For the applicant to qualify for a “specialty occupation”, the applicant must satisfy one of the listed categories:
1. Hold a U.S. bachelors or higher degree from an accredited university that can fulfill the requirements of the specialty occupation.
2. Obtain a foreign equivalent to a U.S. bachelor’s degree or higher that can satisfy the requirements of the specialty occupation.
3. Hold an unrestricted state license, registration, or certification that allows the applicant to have no limitations when engaging in the specialty occupation.
4. The applicant must have received training, education, or work experience that is required for the completion of the degree. The applicant is mandated to have been acknowledged in the area of expertise. The applicant is obligated to have participated in positions essential to the specialty occupation.
5. The applicant’s potential employer is required to have an authorized ETA-9035 form along with an approved Labor Certification Application, I-129 form, and a Petition for a Non-immigrant Worker.