H-1B Visa

What is H1B Visa?

The United States Citizenship and Immigration Services (USCIS) authorizes several categories of non-immigrant visas for a person who wishes to work temporarily in the United States. The H-1B classification applies to persons in what are known as “specialty occupations” that require the theoretical and practical application of a body of highly specialized knowledge.

Who are eligible for H1B visa?

You are required, under the regulations, to have the following qualifications in order to be considered for an H-1B visa:

• A minimum of a Bachelor’s or higher degree
• A satisfactory and provable level of work experience as required by the employer

However, the degree requirement should prove that:

• Parallel positions in the industry across a range of similar organizations require a degree
• The professional complexity and uniqueness of the position requires the job can only be performed by a person with a degree
• The position requires the degree for the position, or
• The job is so specialized and complex which, then, requires knowledge or skills often acquired through a Bachelor’s or higher level of education.

In order to be considered for H_1B visa as a nonimmigrant temporary employee, the applicant’s prospective employer or agent must file Form I-129 (Petition for Nonimmigrant Worker) with the United States Citizenship and Immigration Services (USCIS). Once approved, USCIS sends the employer or agent a notice of approval, Form I-797. You should note that the approval of a petition will not guarantee you visa issuance if you are found to be ineligible under the provisions of the Immigration and Nationality Act.