H-1B Eligibility Criteria and Required Documents

For many of you, it could be a rocky journey to obtain a H-1B visa. I
think there are three hoops to jump through:

  1. receive a job offer from a H-1B sponsoring company
  2. be selected in the H-1B selection process (unless you are exempt from the H-1B cap. See this article link)
  3. submit all documents to get approved.

Each of these three steps should be taken carefully, and sometimes you may need to count on good luck. If you have only one last step ahead, congratulations!

You’re close to the finish line, but you should stay focused and
prepare the required documents for review. The last article of the H-1B
series discusses who qualifies to apply for the H-1B visa and what
kinds of documents are required to submit. Lastly, check out how to
track a H-1B application you just filed with this powerful tool.

H-1B Visa Requirements

The beneficiary (employee) of H-1B visa applications must meet at least one of the following requirements:

  • Hold a bachelor’s degree (or higher) in the same field as their “specialty occupation” from an accredited university. USCIS defines “Specialty occupation” as a job with responsibilities that are so specialized that 1) they require expert knowledge from a specific field of study and 2) only a person with, at least, a Bachelor’s degree in an academic field relating directly to the work at hand could perform them.
  • Fields may include (but are not limited to) the following.
  • accountancy
  • architecture
  • arts
  • computer programming
  • education
  • engineering
  • international business management
  • journalism
  • law
  • mathematics
  • medicine / health
  • modeling
  • nursing
  • research
  • sciences
  • social sciences
  • theology
  • Hold a foreign degree equivalent to a bachelor’s degree or higher in the same field as the specialty occupation.
  • Hold an unrestricted state license registration or certification in the specialty occupation field in the intended state of employment.
  • Have verifiable and recognized education, experience, or training in the specialty equivalent to a bachelor’s degree or higher.

Documents Required for H-1B Visa

USCIS also requires you (beneficiary) and your employer (petitioner) to file documents for H-1B application:

  • I-129 Petition
  • Approved Labor Condition Application
  • Supporting evidence, including
  • Copy of resume
  • Copy of job offer including job description
  • Proof of your degree
  • Other evidence that may be particular to your case
  • You are also asked to submit supplementary documents as below:
  • A copy of the passport
  • Proof of prior employment (if applicable)
  • Proof of existing certifications or accomplishments (if applicable)
  • Letter from registrar to certify completion of educational credits
  • A copy of educational or technical degrees
  • A copy of transcripts
  • Letter from the present employer

For more information, go to this link.

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