H1B Visa: Suitable for specialty foreign professional workers
What is the H1B Visa?
The H1B visa is available to workers in certain specialty occupations. The visa is a non-immigrant visa meaning that the applicant cannot stay indefinitely in the U.S. under a H1B. There are strict requirements to qualify for a H1B visa. Under the visa a US company can employ a foreign worker for up to six years.
Qualifying for a H1B Visa
The H1B Visa is designed for staff in specialty occupations. The USCIS requires that the job must meet one of the following criteria to qualify as a specialty occupation:
- Have a minimum entry requirement of a Bachelor’s or higher degree or its equivalent.
- The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree.
- The employer normally requires a degree or its equivalent for the position.
- The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.
For an applicant to qualify to accept a job offer in a specialty occupation they must meet one of the following criteria:
- Have completed a US bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university.
- Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation.
- Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment.
- Have education, training, or experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
Applying for an H1B
The employer usually must submit a certification of a Labor Certification Application (LCA) from the U.S. Department of Labor. The LCA requires the employer to promise that it will pay a competitive or prevailing wage, provide decent working conditions, and that the hiring of the foreign worker does not violate any labor rights.
The employer will then file a Form I-129, Petition for a Nonimmigrant Worker. The LCA should be submitted with the Form I-129.
Only after the Form I-129 petition is approved, will the foreign worker apply for the H1B visa at a foreign embassy or consulate. The worker will then apply at a U.S. border for entry in the H1B visa classification.
If you have more questions, visit our H-1B Frequently Asked Questions or if you would like to speak with an experienced immigration lawyer about the H1B visa for professional foreign workers, contact us and schedule a time to meet via telephone or in person to discuss the situation in detail.
“Helping you to obtain the right visa, when you need it”
When you contact our firm for an initial consultation, we will take the time to educate and explain the H1B visa immigration laws, regulations and the visa application procedures of the USCIS. As a client, you will work directly with an experienced attorney who will be able to answer any questions you have and keep you informed and aware of new developments as your case moves forward.
For all of your legal immigration needs, contact the immigration lawyers of Muston & Jack, P.C., at our San Jose or Los Angeles California law offices to schedule an initial consultation.