What are the eligibility criteria for applying for a skilled worker visa in the United States?
The eligibility criteria for applying for a skilled worker visa, also known as an H-1B visa, in the United States are as follows:
- The applicant must have a job offer from a U.S. employer;
- The job offered must be a specialty occupation that requires at least a bachelor's degree or higher in a specific field;
- The applicant must possess the required degree or equivalent work experience in the related field;
- The employer must file a Labor Condition Application (LCA) with the U.S. Department of Labor and attest to prevailing wage requirements;
- The applicant must be paid at or above the prevailing wage for the specific occupation and location;
- The applicant must be legally admissible to the United States and have no criminal history or security issues;
- The applicant must possess the necessary visa qualifications and meet all other eligibility criteria as required by the USCIS.
It is important to note that the number of H-1B visas granted is limited each year and subject to an annual cap. Also, some professions such as fashion models may have additional requirements. In addition, the employer is responsible for ensuring compliance with all federal and state labor laws and regulations.
If an individual meets the above eligibility criteria, they may discuss their application with an immigration attorney and work with their employer to file a properly documented H-1B visa application. An experienced immigration attorney can assist with the preparation and submission of the application, and also advise on any potential challenges or issues.