Cambridge Massachusetts immigration attorney explains H1-B visa eligibility requirements
The H1-B visa program is the principal path through which U.S. employers are able to hire foreign professionals to work for extended periods (up to six years) in the United States. An H1-B visa will be issued only if both the job and the prospective employee satisfy the following requirements.
Requirements that the job must meet
The H1-B visa is intended for employees in specialty occupations. A specialty occupation must meet one of the following criteria:
- A minimum entry requirement of a bachelor’s degree or higher or its equivalent.
- The degree requirement for the job must be common to the industry or the job must be so complex or unique that it can be performed only by an individual with a degree.
- The employer must normally require a degree or its equivalent for the position.
- The nature of the specific duties must be 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.
In addition, the employer must verify that the H1-B visa holder will be paid the prevailing wage for the work being performed and that employment of a foreign worker is not harming conditions for U.S. workers.
Requirements that the prospective employee must meet
For the prospective employee to qualify for the visa, he or she must meet one of the following requirements:
- Have a U.S. bachelor’s or higher degree required by the specific occupation from an accredited college or university.
- Have a foreign degree that is equivalent to a U.S. bachelor’s or higher degree in the specialty occupation.
- Hold an unrestricted state license, registration, or certification that authorizes the employee to fully practice the occupation and be engaged in the specialty in the state of intended employment.
- Have education, training, or experience in the specialty that is equivalent to the complete of a degree, and have progressively responsible position directly related to the specialty.
Cambridge Massachusetts immigration attorney offers assistance with visa applications
A Cambridge Massachusetts immigration attorney at Ionson Law will be happy to assist you with obtaining an H1-B visa. Please call us at 781-674-2562 to make an appointment.