Key Facts about Getting an H-1B Visa

The H-1B visa allows professionals to work in the United States on a temporary basis. In order to get an H-1B visa, you have to adhere to the strict requirements set by the United States Center for Immigration Services (“USCIS”). Any deviation can result in a failed application. Their objective is to make sure that U.S. employers and foreigners comply with the standards set forth by the United States Department of Labor.

H-1B Visa Requirements

The requirements for an H-1B visa are divided into the following categories:

Position Requirements

• The job in question has to be a specialty occupation. This means that the position requires the minimum of a bachelor’s degree or its equivalent. In some instances, a bachelor’s degree might not be needed where the job in question is one that has clearly complex requirements.
• Examples of these positions include: engineers, researchers, doctors, accountants, attorneys and architects.

Education Requirements

• The degree must originate from an accredited college or university. It must also correspond to the occupation in question. It is important to note that if the degree was obtained outside of the United States, it must be the equivalent to a domestic (U.S.) degree.
• Due to the fact that a degree sought in higher education, such as at the college or university level, is considered to equate to labor, there is no requirement for work experience. One year of university education is equivalent to three years of work experience.

USCIS and Department of Labor Requirements

• The foreign employee must earn an amount equal to or more than the prevailing wage. The prevailing wage is the average wage collected by professionals in the same field.
• The employment of the foreign professional should not affect the working conditions of other U.S. workers.
• The employer is required to post an internal notice after filing the H-1B.
• There should not be an existing strike or layoff in the intended occupational field.
• The employer has to comply with public examination processes.
• If the employer terminates the employment before its completion, the employer must fund the foreign employee’s traveling expenses back to his/her home country.
• The employer should not grant employment until the USCIS approves the visa.

Employer Requirements

• The employer needs to possess the funds needed to pay the foreign professional.
• The employer has to provide an official job offer to indicate that there is, in fact, a true business need.

The Application Process for an H-1B Visa

There are two major factors in the application for an H-1B visa. The first is sponsorship by a U.S. employer while the second is filing a petition with USCIS. The applicant needs to seek an employer who will start the process. After getting an employer, the employer must get a labor certification and submit an H-1B petition to the USCIS.

When USCIS approves the petition, the foreign worker can stamp the visa at the US consulate in his/her local country. If the worker is already in the US, he/she can change his/her status. The visa lasts for a period of 3 years, except for nationals of Chile and Singapore.