Specialty Occupation Visa (H-1B)
The H-1B visa allows a professional worker from abroad to be employed by a U.S. employer. The fundamental requirements for these positions are that the candidate possess the equivalent of at least a U.S. Bachelors Degree, as well as experience relevant to the position for which approval is sought.
An H-1B employee may remain in the United States up to 6 years and no particular relationship between the prior employer abroad and the U.S. corporation is required. However, the employee must be licensed under his particular profession in the United States and corresponding state, unless it can be established that such licensure is not necessary.
The H visa is specifically exempt from the presumption of immigrant intent. Under this change, working and living in the United States is possible during the pendency of a Labor Certification filed by the employer to obtain the professional's green card.
- U.S. Bachelors Degree or foreign equivalent
- (if degree is foreign) analysis by independent credentials evaluations service attesting that foreign degree is equivalent to U.S. Bachelors Degree
- Professional job offer which closely parallels the training and background of the particular employee
- Filing of a Labor Condition Attestation with the U.S. Department of Labor
- Prevailing wage survey conducting by the local state employment agency to protect the employer I-129H petition approved by USCIS
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