If you are not a citizen of the United States and are trying to work in the the U.S, you may be asking the question, “Do I qualify for the H-1B Visa?” There are several different requirements that you have to fulfill in order to receive an H-1B visa. It is strongly recommended that you work with an Arizona immigration attorney if you believe that you may qualify for an H-1B visa as well as the employer who is sponsoring you. What follows are the requirements necessary to receive an H-1B visa.
There Must Be an Existing Employer-Employee Relationship
First of all, there must already be an employee-employer relationship with the petitioner employer in the U.S. A valid relationship is determined by whether or not the employer can fire, hire, pay, supervise or otherwise control the employee’s work.
The job must qualify as a specialty occupation. There are several requirements related to the occupation, training, and education. The criteria include: that the employer typically requires a degree or equivalent for its position, which is almost always a Bachelor’s or higher degree is the minimum requirement for the position; that a degree requirement is common for the position in the industry, or that the job is so complex it can only be performed by someone who has a bachelors in a field associated with the position; or that the nature of the specific duties is so complex and specialized that it is typically associated with obtaining a bachelors or higher degree. The job also has to be in the specialty occupation within your field of study.
Furthermore, the following requirements also apply:
- You need to be paid at least prevailing wage for the occupation as determined by the Department of Labor. The location of employment as well as job duties will be two factors used to determine the prevailing wage.
- An H-1B visa number has to be available at the time that the petition is filed unless the position or the employer is not subject to the yearly H-1B quota.
Your employer would need to be with the fact that documentation supporting all this needs to be submitted. The process of identifying the necessary information can be difficult, but not if you hire an experienced Arizona immigration attorney to help you put it together well in advance.
As you can see, some of the requirements associated with the H-1B visa process can be quite complex, thus it is strongly recommended that you consult with a knowledgeable Arizona immigration attorney as soon as possible.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Do I Qualify for the H-1B Visa?, You Need an Immigration Attorney, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.