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Business ImmigrationH1-B Visa

Do You Qualify For An H-1B Visa?

By January 19, 2024March 22nd, 2024No Comments

The H-1B visa is a sought-after pathway for foreign professionals to temporarily work in the United States. If you are considering applying for an H-1B visa, it’s important to understand the eligibility criteria and requirements involved.

1. Professional Skills and Credentials

To qualify for an H-1B visa, the position offered by the employer must necessitate professional skills and services. This means that the job should require specialized knowledge or expertise in a particular field. Additionally, the prospective H-1B visa holder must possess the professional credentials, qualifications, and educational background necessary to fulfill the role.

The minimum educational level accepted for H-1B status is a bachelor’s degree relevant to the proposed employment. It’s imperative that the applicant holds the required degree or its equivalent to receive H-1B approval.

2. Employer-Employee Relationship

An important criterion for H-1B eligibility is the existence of an “employer-employee” relationship between the sponsoring employer and the prospective H-1B visa holder. This relationship entails that the employer pays a regular salary to the nonimmigrant worker.

3. Prevailing Wage and Employee Benefits

Employers must ensure that the H-1B employee will receive compensation in line with the prevailing wage or the actual wage, whichever is higher, for the specific position in the geographic area of employment. Additionally, the employer must provide standard employee benefits as offered to other employees.

4. Specificity of H-1B

It’s important to note that the H-1B visa is employer-specific, position-specific, and location-specific. This means that a worker with an approved H-1B employment through one employer cannot work for another employer without completing the H-1B petition process for the new employment (H-1B transfer). Unauthorized work can have serious implications, including jeopardizing future immigration prospects and work opportunities in the U.S.

In conclusion, understanding the H-1B eligibility criteria is essential for both employers and prospective visa holders. Meeting these requirements is fundamental to ensure a smooth and lawful process when applying for an H-1B visa. Contact Jeelani Law Firm for assistance with your immigration case!

Jeelani Law Firm, PLC

JEELANI LAW FIRM, PLC is regarded as one of the top immigration law firms in the industry. We handle all immigration matters including family based adjustment of status/green card cases, citizenship filings, representation of businesses and employees when filing L1A/B Petitions, H1B petitions, and Permanent Labor petitions. Our firm also litigates immigration cases dealing with delayed adjudications as well as appellate matters before the U.S. Federal Courts, U.S. Immigration Courts, USCIS and the BIA. Given the complex nature of immigration law, inexperience can lead to many mistakes which may result in delays, denials, and loss of filing fees and valuable time. Contact our office and we will take care of the rest.