Eligibility for H-1B Visa

The US H1-B visa is designed to be used for employees in specialty occupations.
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 you to qualify to accept a job offer in a specialty occupation you 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.
  • Bachelor’s Degree or higher equivalent to US Bachelor’s Degree or higher along with a minimum of two years of work experience in the related field.
  • Educational credentials (certificates) are evaluated by independent evaluation agencies in USA which provide reports such as Document Evaluation, Work Experience Evaluation or Course by Course Evaluation of your educational qualifications equivalent to that of USA, Which are required and is to be filed with your H-1B petition. Our experts will provide you with evaluation agencies which can evaluate your educational qualifications.

Positions that are not specialty occupations, or for which the candidate lacks the qualifications/experience for an H1B visa, may be filled using an H-2B visa which is for a temporary or seasonal non- agricultural work, limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.

Also, applicants that are not eligible for H-1B visas may want to check out the L-1 visa. The L-1 visa a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to their US operations for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of your US Company outside of the US for at least one year out of the last three years.

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