H-1B (Professional)

H-1B (Visa)

You may be eligible for this visa if you will be performing services in a special occupation in the united states.

ELIGIBILITY CRITERIA

  • You must perform services in a special occupation* in the United States

  • Bachelor’s or higher degree** or its equivalent is normally the minimum entry requirement for the position

  • The nature of the specific duties of the position is so complex & specialized that the employer & the industry at large normally requires a Bachelor’s or higher degree

  • You must have academic qualification directly fitting to the position

GENERALLY REQUIRED EVIDENCE

  • A letter from the prospective US employer describing the alien’s occupation, the alien’s anticipated length of stay, & salary/remuneration arrangements

  • Evidence that the alien meets the educational requirements for the position to be filled (a bachelor’s degree or higher or its equivalent in the specific specialty occupation)

  • Evidence that the alien meets any licensing or other occupational requirements

  • Evidence that the prospective US employer has file da labor condition application (LCA) with DoL & the offered wage is equal to or more than the prevailing wage.

PROCEDURE

Stage 1: CollectingEvidence      
Stage 2: Employer's FEIN Verification      
Stage 3: File LCA      
Stage 4: Submit Petition to USCIS        
Stage 5: Approval

TIME FRAMES

Stage 1 to Stage 2: about 3 weeks
Stage 2 to Stage 3: about 1 week
Stage 3 to Stage 4: about 1 week
Stage 4 to Stage 5: about 3 months

EXCEPTIONS & NOTICE


A. Special Occupation generally refers to jobs which require the theoretical & practical application of highly specialized knowledge along with a minimum of a bachelor’s degree or its equivalent from an accredited institution
B. Bachelor's or higher degree: for you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:

  1. Completed a US bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university

  2. Hold a foreign degree that is the equivalent to a US bachelor’s or higher degree in the specialty occupation

  3. Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation & be engaged in that specialty in the state of intended employment

  4. Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, & have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty

C. The time period between Stage 1 & Stage 2 may vary case by case due to the complexity of your occupation & the employer’s entity

Need help now - contact Ms. Garcia here