H-1B Visa 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 self-employed, these factors could affect the chances of 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.

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.

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. 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.