Who qualifies for H1-B Visa

H-1B is an employment based, non-immigrant visa for temporary workers in America. H-1B is an employer sponsored visa which means companies that sponsor h1b must offer a job and petition for your H-1B visa (also known as h1b签证) with US immigration department.

Unlike O-1 Visa （also known as o1 签证）H-1B visa is issued to a specialty occupation, requires theoretical and practical application of a body of specialized knowledge along with a bachelor’s degree or its equivalent.

The US employer must be able to justify the exclusive need for this foreign worker/visa holder and prove that the task cannot be accomplished by a local citizen who may either be unavailable or not qualified, either academically or professionally.

The H-1B visa has an annual numerical limit or “cap” of 65,000 visas each fiscal year. There are an additional 20,000 visas for applicants who completed their master’s degree from a US university. If the number of applicant exceed the quota, the USCIS will have an additional lottery (also known as h1b 抽签) process to choose who will get the Visa This cap is subjected to change based on regulations set forth by the United States Citizenship and Immigration Services

One of the basic requirements for H1B is education. To qualify for the H-1B visa category, the prospective H-1B employee must hold a U.S. bachelor’s or higher degree, or the equivalent. The person must hold a U.S. equivalent 4 years’ bachelor’s or higher degree from an accredited college or university. If the foreign degree is 3 years’ bachelor’s degree, a 3 years of work experience in same or similar field occupation can be considered to one-year additional education.

In addition to the academic qualifications, the individual must be fully qualified to lawfully perform the duties of the position offered. In occupations that require licensure or professional credentials (e.g., doctor, dentist, attorney, CPA, architect, registered nurse), the individual must already hold such qualification before the H1B visa petition can be filed.

While there are several areas and categories which may qualify for specialty occupation like Engineers, Doctors/Physicians, Managers, Financial Manager, Analyst, Business Managers, Sales Managers, Art, entertainment, Lawyers, CPA, Architect, Health Care professionals, Technicians, there is a preference given to occupations that focus on Science, Technology, Engineering and Management.