Qualifying for an H-1B Visa

Qualifying for an H-1B Visa

Qualifying for an H-1B visa necessitates that the applicant is engaged in an occupation that requires both the practical and theoretical application of specialized education, extensive experience, or a combination thereof.

In addition to having a committed job offer by a sponsoring employer, the applicant must meet at least one of the following criteria.

  • Hold a U.S. bachelor’s degree (or higher) from an accredited school in their area of specialization,
  • Hold a degree from an accredited foreign school that is the equivalent of a U.S. bachelor’s degree in their area of specialization,
  • Hold professional licensing or certification in their area of specialization and be prepared to begin work in their field in the desired location, or
  • Have experience, training, and/or education that, combined, is equivalent to a required degree.

H1-B VisaThe foreign worker may also show degree equivalence through work experience (at least 12 years) or other qualifications. The law considers three years of specialized experience as equivalent to one year of a college education. In certain areas where state licensure is a requirement, such as in nursing and education, the individual must have passed the licensure exam as well.

As 20,000 H-1B visas are reserved for applicants with advanced degrees (master’s or above), applicants meeting that criteria have a better chance of being approved early in the annual cycle.

Although approval of an H-1B application is determined by the credentials of the applicant, the sponsoring employer must attain a labor certification and file additional forms required for approval.

If you would like to learn more about qualifying for an H-1B work visa, contact Buhler Thomas Law, P.C. today. We are based in Provo, Utah, serving clients in Orem and Salt Lake City as well as internationally.