H-1B Visa

General Requirements for H-1B Visa

• The foreign national must have a U.S. bachelor's degree or its equivalent. Experience can be used to make up for two years worth of college, with three years of experience being equivalent to one year of college.

• The position for which the foreign national is being sponsored must be a "specialty occupation" (i.e., it must require at least a U.S. bachelor's degree or its foreign equivalent for a person to be qualified for the position).

• The sponsoring employer must certify that it will pay the foreign national the prevailing wage for the position for which he is being sponsored, plus other attestations.

• The wages to be paid to the candidate will be in accordance with the SWA guideline and will not adversely affect the wages and working condition of U.S. workers similarly employed

• After the USCIS Approves the Petition
If the foreign national is overseas, the INS will notify the appropriate U.S. consulate. The foreign national can then take the INS' approval notice to a U.S. consulate to obtain a H1B visa in his/her passport. Only then can the foreign national enter the United States.

If the foreign national is already in the United States (e.g., on a F1 student visa), the foreign national may start working for his/her sponsoring employer as soon as the H1B petition is approved.