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Do I Qualify for an H-1B Visa?

An H-1B Visa is for temporary specialty workers who meet specific requirements and immigration regulations. To qualify for an H-1B Visa, you must do the following.

Basic Requirements

You have to be coming to the U.S. to perform services in a specialty occupation. Jobs that require the theoretical and practical application of a body of highly specialized knowledge, are considered specialty occupations. These kinds of jobs generally require a bachelor’s degree or advanced degree. Accountants, architects, engineers, artists, dieticians, chiropractors, librarians, computer systems analysts, physical therapists, chemists, pharmacists, medical technologists, and upper-level business managers are all examples of occupations that qualify for an H-1B Visa.

You must also have a job offer from an American employer and your work must be performed in the United States. The wages that you are offered from your employer must be similar to wages made by workers in the same field or job. Additionally, your employer is required to file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL) before your visa application can be processed.

Education & Degree Requirements

To get an H-1B Visa, your education and work experience has to meet the flowing criteria:

  • Applicants must have a bachelor's degree, master’s degree, or the foreign equivalent from their country.
  • Alternatively, 12 years of work experience can be substituted for the above degrees.
  • Applicants can also mix their experience with their education background.

H-1B Visa qualification is based on a 12 point scale. Every year of university/college that you’ve attended equals 3 points and every year of previous work experience equals 1 point. All 12 points are needed to qualify for the visa.

Do you have more questions about how to qualify for an H-1B Visa? Call (408) 560-4622, or contact our San Jose team of immigration attorneysto find out how we can help you.