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http://www.jobmeadow.com/blog/2011/02/09/h1b-visa-requirements-eligibility-for-employees-and-companies/
An H1B visa gives a foreigner the legal right to work for a company in the United States. It has a three (3) year duration and can be renewed for a further three years.
What are the H1B Visa requirements?
To apply for an H1B Visa, a person must wish to work in a specialty occupation or a specialty field. This is any profession that ordinarily requires a four (4) year Bachelors degree or greater in order to perform the duties of the job. There must be some theoretical or practical application of a specialized body of work.
Common specialty occupations include Architecture, Engineering, Science, I.T., Business, Finance and Accounting, Marketing and Sales, Health and Medicine, Law, Education, Research, and Journalism.
What are the H1B Visa education requirements?
A person must have completed four (4) years of tertiary study and obtained a Bachelors degree or greater (e.g. Masters or Ph.D). However, if a person has not completed the required amount of study, they may still be eligible. Under visa regulations, every three (3) years of professional work experience in a specialized field is the equivalent of one (1) year at University.
Examples
- Recent graduate with four years University study and no work experience is considered eligible.
- A candidate with zero tertiary study and 12 years work experience is considered eligible.
- Someone with two years college training and six years work experience is also considered eligible.
Employer sponsorship
An H1B Visa is an employer sponsored visa. This means that you must find an individual, business, or corporation within the US which possesses an IRS Tax Identification Number to obtain visa sponsorship. They must petition the U.S. Citizenship and Immigration Services (USCIS) on your behalf. Hence, you cannot obtain an H1B visa without an employer.
There must be an employee-employer relationship and not a contractor relationship evident. The former means the employee can be hired, discharged and supervised.
Employer Requirements
With proper planning, the H1B Visa sponsorship process is very manageable provided the employer is aware of the proper procedures. Seeking legal advice can greatly assist with the process.
Labor Condition Application (LCA)
File an LCA with the Department of Labor (DOL) – Form 9035E (pdf). Must be filed with the DOL online at the iCERT Portal. Form 9035E filing is free. See LCA filing instructions (pdf) for more information.