H1B visa requirements

HIn my elementary school classes my teachers would assign “special jobs” to different members of my class. Some students would be the instructor’s “assistant” and carry things to the principal’s office or would have the privilege (and in our minds, honor) of standing at the front of a line whenever we would go somewhere as a class. Thinking back, it was just a clever way to get students interested in learning, but it did the job. Nowadays there are still “special jobs,” but they’re not given lightly – companies often succeed or fail based on how a specialty occupation is performed, and so specialty occupations are handled delicately. The H-1B specialty occupations visa is granted to foreign nationals who fit all of the requisite criteria for the visa so that they can be admitted to the United States in order to be employed in a specialty occupation as defined under the legislation of the H-1B visa. The H-1B is a competitive and highly desired visa classification among foreign nationals, and anything that gives one a competitive edge is also sought with vigor. Our Los Angeles immigration lawyers and Glendale immigration lawyers specialize in the H-1B classification and have met with success after success when working on behalf of our clients. Schedule a free case review with one of our specialists today.

The petitioner in this situation is actually the prospective employer, who petitions on behalf of the foreign national beneficiary who wishes to be a specialty occupations worker. Additionally, the employer files a Labor Condition Application, an LCA, along with the petition. The LCA is a formal demonstration and declaration of the employer’s adherence to all relevant labor and wage requirements. Filing an LCA is a delicate matter, as an incorrectly drafted or filed LCA could jeopardize your petition’s chances of approval; it is an integral part of the process and shouldn’t be taken lightly. Speak with one of our Los Angeles immigration lawyers for assistance in drafting an LCA and a winning petition for an H1B.

In order for a position to qualify as a specialty occupation, the job must meet at least one of the following criteria:

  • A Bachelor’s degree or a higher degree or the equivalent is required for the position
  • The degree requirement is the industry standard or the job’s nature is such that only individuals with degrees can successfully hold it
  • The employer normally requires a degree for the position
  • The duties involved with the position are so specialized and complex that people with degrees are generally considered to be the only ones who have the knowledge necessary to complete them

The job’s requirements mainly focus around who can hold it. While this is by and large the most important aspect, this has serious implications for the nature and industry the job can be found in. A job as a burger griller at a fast food restaurant is unlikely to qualify. Contact our office of Los Angeles immigration lawyers to learn about your potential position of employment’s qualifications!

But are you qualified to hold a specialty occupation? – That’s the question. Generally, you must either:

  • Have a US bachelor’s degree or a higher degree*; or
  • Have a foreign degree equivalent to a US bachelor’s degree or a higher degree*; or
  • Hold a state license permitting the full and unrestricted practice of the specialty occupation; or
  • Be educated/trained/experienced through progressively responsible positions in the specialty

*These degrees must be in the field required by the specific specialty occupation.

Contact our office and schedule a free case review with a Los Angeles immigration lawyer today.

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