H1-B visas are available for temporary specialty workers who meet specific
immigration regulations. In this blog, we explain how to qualify for an H1-B visa.
What are the Basic Requirements?
To qualify for an H1-B visa, you must be coming to the United States to
use your skills in a specialty occupation. A specialty occupation is a
job title that requires the theoretical and practical application of a
body of highly specialized knowledge. In general, specialty occupations
usually require one to have a bachelor’s degree or an advanced degree.
The following are a few examples of specialty occupations that qualify
for an H1-B visa:
- Computer Systems Analyst
- Physical Therapist
- Business Manager
- Medical Technology Specialist
In addition to the requirements listed above, applicants seeking an H1-B
visa must have a job offer from an American employer. The work that the
applicant will be performing must also be done in the United States as
well. Additionally, the wages that are offered to the H1-B applicant have
to be similar to the wages made by workers in the same field or job. Prospective
employers also have to file a Labor Condition Application (LCA) with the
U.S. Department of Labor (DOL) before the worker’s visa application
can be processed.
What are the Education & Degree Requirements?
In order to obtain an H1-B visa, the applicant’s education and work
experience will need to meet the flowing criteria:
- They must have a bachelor's degree, master’s degree, or the foreign
equivalent from their country.
- If they have 12 years of work experience, their experience can be substituted
for the degrees listed above.
- They can also mix their experience between their education and work background.
To determine if an applicant qualifies for an H1-B visa, USCIS uses a 12
point scale. Each year of university/college that an applicant has attended
equals 3 points and every year of previous work experience equals 1 point.
Applicants need to have all 12 points in order to qualify for the visa.
Do you need help obtaining an H1-B visa for you or a loved one? Contact our Cleveland team of immigration lawyers
to discuss what we can do for you.