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The American H-1B Visa is one of the most sought after temporary non-immigrant visas, as it allows qualified foreign workers entry into America for the purpose of undertaking employment. This visa only applies to certain foreign workers, and requires that the American employer petition the USCIS on behalf of the prospective foreign employee.
A Specialty Occupation is one which requires:
- Theoretical and practical application of a body of highly specialized knowledge in such fields of human endeavor, such as architecture, engineering, mathematics, physical sciences, medicine and health, education, business specialties, accounting, law, theology and the arts; and
- A bachelor's degree or higher in the specific specialty, or its equivalent.
To Qualify for an H-1B Visa
In order to qualify for the H-1B visa, the foreign employee must meet one of the following criteria:
- Hold an American bachelor's degree or higher as required by the occupation from an accredited college or university, or the equivalent in a foreign degree;
- Hold an unrestricted state license, registration, or certification authorizing full practice of the specialty occupation (if a license is required :
- If a temporary license is available and the foreign person is allowed to perform the duties of the occupation without a permanent license then a visa may be granted; and
- In certain occupations generally requiring a license, a state may allow an individual to practice the occupation under the supervision of a licensed individual;
- Have education, specialized training, and/or experience equivalent to a bachelor's degree and have the relevant work experience directly related to the specialty occupation;
- An evaluation from an official who has authority to grant credit for the training and/ or experience the employee has undertaken;
- An evaluation of education by a reliable credentials evaluation service that specializes in evaluating foreign educational credentials;
- Evidence or certification of registration from a nationally recognized professional association or society which is known for granting accreditation; or
- A determination by the USCIS has obtained the equivalent professional level through a combination of education, specialized training, and/or work experience in the specialty occupation.
For How Long is the H-1B Visa Issued?
The H-1B Visa is issued for a period of 3 years, but may be extended once for an additional 3 years if the employer can prove they require the employee for longer and the employee maintains their intent to leave America at the end of the visa extension.
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