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.
1. Position Requirements
A. The job offered must be filed as a “specialty occupation.” A specialty occupation orders for a bachelor’s degree or an advanced level of education certification. There are distinct positions that may not mandate a bachelor’s degree due to the complexity or particular listed duties. However, most positions categorized under ‘professional’ require a bachelor’s degree.
B. Examples of qualified positions: engineers, professors, researchers, medical, accountants, attorneys, and architects. Click here for more details on position requirements. Check for H1B Visa Process in UT Evaluators
2. Education Requirements
A. The bachelor’s or advanced degree must originate from an accredited university or college. The degree is required to relate to the H-1B specialty position. If the degree was obtained outside the United States, it must be equivalent to an available U.S. degree.
B. Work experience is not a pre-requisite if holding a bachelor’s degree. Education requirements may be substituted with at work experience. The general rule for the amount of accepted work experience: 1 year required of University = 3 years of work experience. Click here for more details on applicant’s education/experience requirements
3. Department of Labor and USCIS Requirements
The H-1B visa requirements also entail the employer to submit a I-129 form to the USCIS once the DOL certifies the LCA.
A. Prevailing Wage Determination. This is a determined average wage paid to U.S. employees in the similar fields. The foreign professional must receive at least the given prevailing wage.
B. Employment of the foreign professional will not affect U.S. working conditions in similar fields.
C. Employer is obligated to internally post notice of filing for H-1B.
D. There cannot be an existing strike/layoff/lock out within the intended field
E. Employer must be compliant with public examination processes
F. If the employer terminates the foreign professional’s employment before designated time, the employer must pay the expenses associated with transportation back to the home country. For H1B Visa Evaluation Visit here
G. The employer is not authorized to grant the foreign professional employment until the USCIS indicates approval.
4. U.S. Employer Requirements
A. It is required to have the funds necessary to pay the foreign professional
B. The employer must provide an official job offer. An official job offer signifies that documented evidence can be presented to show a true business need.