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H-1B Visa: Four Key Requirements

USCIS will start accepting cap-subject H-1B visa petitions on April 1, 2017. Below are the four key requirements you must fulfill to apply for an H-1B Visa. For each requirement, we have linked forms of evidence that you may submit to meet the requirement and other tips to help you prepare your petition.

  1. You must have an employer-employee relationship with the petitioning U.S. employer. more tips
    In general, a valid employer-employee relationship is determined by whether the U.S. employer may hire, pay, fire, supervise or otherwise control the work of the H-1B worker. 

  2. Your job must qualify as a specialty occupation by meeting one of the following criteria: more tips

    • A bachelor's degree or higher degree or its equivalent is normally the minimum requirement for the particular position;

    • The degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor's degree in a field related to the position;

    • The employer normally requires a degree or its equivalent for the position; or

    • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.

  3. Your job must be in a specialty occupation related to your field of study. more tips

  4. You must be paid at least the actual or prevailing wage for your occupation, whichever is higher.more tips 
    The prevailing wage is determined based on the position in which you will be employed and the geographic location where you will be working (among other factors).

U.S. employers are always looking for skilled foreign workers. They are expected to file more than 200,000 H-1B visa petitions during the first week of April! Please make sure you polish your resume and update your career profiles regularly