H-1B Visa Requirements

H1B Education Visa

The three basic requirements for obtaining an H-1B work visa are the same for all applicants.

  1. The applicant must meet the minimum educational requirements.
  2. The sponsoring employer must extend a valid offer of employment.
  3. The proffered position must meet the requirements of a “specialty occupation.”

Unfortunately, these seemingly simplistic requirements leave much room for debate and interpretation.

H-1B Work Visa Employment Requirements

To qualify an employer must extend a legitimate job offer to the applicant.

Generally, the relationship between the applicant and the employer is expected to be a traditional employer/employee relationship. If the applicant plans to work as an independent contractor or even a self-employed person, these factors could affect the chances for being granted an H-1B visa.

An immigration attorney can review the proposed employment arrangements and recommend the best approach for documenting this aspect of the requirements.

H-1B Visa Educational Requirements

The minimum education requirement for applicants is a bachelor’s degree conferred by an accredited U.S. college or university. However, you can obtain a work visa if you have what is considered to be the equivalent of this degree.

Alternative options that may meet the educational requirements include:

  • An equivalent degree from a foreign university,
  • Professional licensing in a specialized field, or
  • A combination of training and real-world experience in a specialized field.

When the applicant is relying on an alternative option, they must provide whatever documentation is necessary to prove they meet the minimum requirements.

H-1B Visa Specialty Occupation Requirements

The job in question must qualify as a specialty occupation. This requirement also leaves much room for interpretation.

Basically, a specialty occupation is complex enough that it can only be performed by someone who holds a bachelor’s degree or higher. However, many types of positions can qualify as a specialty occupation, as long as the job is documented accordingly in the H-1B application.

Contact Buhler Thomas Law, P.C. today to learn more about the requirements for obtaining an H-1B work visa. We can help you with every aspect of the process, to ensure you have the best chance of obtaining approval.