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What are H-1B Visa Requirements?

Mar 24, 2014 8:55:04 AM / by Staff Attorney

An H-1B visa is a non-immigrant visa that allows U.S. employers to hire foreign workers temporarily. Not all types of employers qualify and not all types of jobs meet the many requirements for obtaining an H-1B visa. First, you must prove that you have an employer-employee relationship. The company that hired you can help you meet this requirement by proving that they can hire, fire, pay, and supervise you. In many cases, it only takes the written word of the sole or majority owner to establish a valid employer-employee relationship.

Next, your attorney must prove that your job qualifies as a specialty occupation. The H-1B visa program was created to allow foreigners with special skills to work in the United States. Therefore, you will have to show that your job requires a bachelor's degree or higher. You attorney must prove that you have a degree requirement for the position and that the job is so complex that it requires a degree.

Evidence that your attorney may submit to demonstrate the relevancy of your degree may include:

  1. A written explanation of your duties and the services your employer provides. You should also document the complex nature of your position.
  2. Opinions from experts in your field explaining how your degree is related to your position.
  3. Printed out pages from online resources that describe your position.
  4. Evidence from similar companies with similar positions.

If you do not have a degree, you may still qualify if you hold an unrestricted state license or certification which allows to you perform the duties of your job. If this is the case then you will also need to have received specialized training or have worked a number of years in your field.

Furthermore, your attorney will have to prove that you are paid a prevailing wage for your position. The U.S. Department of Labor maintains a database that contains the prevailing wage levels based on occupation and location. Your attorney will have to show that you receive a wage and that your wage is similar to others in your profession. For more information, please contact our office to speak with an experienced Los Angeles immigration lawyer who has extensive experience handling H-1B cases.

Topics: H1B

Staff Attorney

Written by Staff Attorney

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