To better understand the H-1B visa, there are five requirements that should be reviewed. Before reviewing these requirements, it is important to know what an H-1B visa is. An H-1B is a visa category that allows certain individuals in a specialty occupation or service to work in the U.S. This is a temporary (nonimmigrant) workers program, which means that you will not be permitted to stay in the U.S. permanently.
The five requirements are:
- You must have an employer-employee relationship with the petitioning employer
- Your job must qualify as a specialty occupation by meeting specific criterion
- Your job must be in a specialty occupation related to your field of study
- You must be paid at least the actually or prevailing wage for your occupation, whichever is higher
- An H-1B visa number must be available at the time of filing the petition, unless the petition is exempt from numerical limits
Having an employer-employee relationship can be demonstrated through the nature of the association. This is determined by what control the employer has over the employee; whether they have the right to hire, pay, fire, or supervise the employee.
To qualify as a specialty occupation, your job must meet certain criterion. It must meet one of the following,
- A bachelor’s degree, a degree higher than a bachelor’s degree, or equivalent is usually the minimum prerequisite for the position
- The degree prerequisite is standard for the position or the job is so complex or distinctive that it can only be done by someone with at least a bachelor’s degree in the related field
- The employer usually necessitates that a degree or its equivalent is needed for the position
- The position requires a knowledge that is so specialized and complex that a bachelor’s or higher degree is required
To show that your position is a specialty occupation, you can provide detailed explanations regarding the duties required of you. You may also wish to get written opinions from experts in the field to make your position stronger.
An actual wage is the wage paid to all persons who carry the same position and credentials as you. The prevailing wage is the wage paid to people with your experience and relates to the geographic location you are in. If persons with your specialization are being paid particularly high in the region your position is offered in, then you will get the prevailing wage.
It is important to note that the H-1B visa has an annual cap of 65,000 per fiscal year and so you must have a visa number when you file a petition to show that the cap has yet to be reached and you may apply.
If you require further assistance regarding the H-1B visa or you seek a legal representative to complete the process for you, contact Akrami & Associates today. Our experienced legal representatives will be with you every step of the way.