The H1B is the most widely used non-immigrant work visa in the U.S. Specifically, it allows skilled foreign professionals to be employed in a specialty occupation. The U.S. Citizenship and Immigration Services (USCIS) issues H-1B visas, and they apply to positions where an individual needs advanced knowledge and a minimum of a bachelor's degree or equivalent education level to perform the job duties.
It is important for both the applicant and the employer to know who qualifies for an H-1B because of the qualifications needed to apply for an H-1B and sponsorship requirements from employers. To obtain an H-1B visa there are a limited number of H-1B visas available every year, and this includes a lottery selection process.
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What Is a H-1B Visa?
The H-1B visa allows U.S. businesses to temporarily hire foreign professionals in specialty fields. This may include IT, Engineering, Healthcare, Finance, Education, and Scientific Research. This type of visa is typically valid for three years but can also be extended up to six years in some cases.
Eligibility for H-1B Visa
In order for an applicant to be eligible for an H-1B Visa, and for the Employer to be eligible to sponsor someone for an H-1B Visa, they both must meet the following requirements:
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To be eligible for an H-1B Visa, the job offered by the employer must be deemed to be a specialty occupation. The job must require:
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Theoretical and practical application of specialized knowledge
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A Bachelor's degree or higher in the relevant field
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Some of the common specialties qualifying as eligible for H-1B Visa are IT, Engineering, Mathematics, Architecture, Medicine, Law, & Management.
H-1B Cap Exempt
There are specific categories of applicants that do not have to go through the visa cap for H-1B Visa applicants.
Examples of these categories would include; working for U.S. colleges/universities, non-profit research facilities, or a Government Research Facility.
Documents Required to Be Eligible for the H-1B Visa
In order for you to be classified as eligible for an H-1B Visa, you will have to provide:
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Educational certificate(s)
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Passport
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Offer Letter
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LCA approved application
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Employer's Form I-129 petition
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Resume and Work History documentation
Conclusion
H-1B Visas allow foreign skilled workers to enter and work in America as long as they meet specific job, educational and employer criteria for approval. There is a limited number of visas and competition is strong for placement into the lottery. Therefore, it is very important to understand all details of the application process for an H-1B visa.
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