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What are the requirements for obtaining an H1B visa?

Picture of Chris Battis By   ·  1 minute read

As a lawyer, I can provide legal advice on the requirements for obtaining an H1B visa. The H1B visa is a temporary work visa for non-immigrant workers in the United States. To obtain an H1B visa, several requirements must be met.

  1. The applicant must have a job offer from a US employer.
    • The job must be a specialty occupation, which means that it requires a degree or equivalent experience in a specific field.
    • The employer must file a Labor Condition Application (LCA) with the Department of Labor, demonstrating that the job offer meets the prevailing wage and working conditions in the area.
  2. The applicant must have the necessary education and work experience to perform the job.
    • The applicant must have at least a bachelor's degree or equivalent in the field of the specialty occupation.
  3. The applicant must pass a background check and be admissible to the United States.
    • This includes not having a criminal record, not being a security threat, and not having violated immigration laws.
  4. There is an annual cap on the number of H1B visas available.
    • For the fiscal year 2021, the cap is set at 65,000 visas, with an additional 20,000 reserved for applicants with a master's degree or higher from a US institution.
  5. The employer must file a petition with the United States Citizenship and Immigration Services (USCIS), along with supporting documentation demonstrating that the applicant meets the above requirements.

There are some potential limitations or exceptions to the advice given. For example, certain jobs may not qualify as specialty occupations, or the prevailing wage in a specific area may be higher than what the employer is offering. In such cases, it may be necessary to consult with an experienced immigration lawyer to determine the best course of action.

In summary, obtaining an H1B visa requires a job offer from a US employer in a specialty occupation, appropriate education and work experience, passing a background check, and meeting the annual visa cap. If you are considering applying for an H1B visa, it is highly recommended to consult with an experienced immigration lawyer to ensure that you meet all the requirements and to maximize your chances of success.