H1B Position Requirements
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The job offered must be filed as a “specialty occupation.” A specialty occupation orders for a bachelor’s degree or an advanced level of education certification. There are distinct positions that may not mandate a bachelor’s degree due to the complexity or particular listed duties. However, most positions categorized under ‘professional’ require a bachelor’s degree.
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Examples of qualified positions: engineers, professors, researchers, medical, accountants, attorneys, and architects. Click here for more details on position requirements
H1B Education Requirements
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The bachelor’s or advanced degree must originate from an accredited university or college. The degree is required to relate to the H-1B specialty position. If the degree was obtained outside the United States, it must be equivalent to an available U.S. degree.
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Work experience is not a pre-requisite if holding a bachelor’s degree. Education requirements may be substituted with at work experience. The general rule for the amount of accepted work experience: 1 year required of University = 3 years of work experience.
Department of Labor and USCIS Requirements
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The H-1B visa requirements also entail the employer to submit an I-129 form to the USCIS once the DOL certifies the LCA.
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Prevailing Wage Determination. This is a determined average wage paid to U.S. employees in similar fields. The foreign professional must receive at least the given prevailing wage.
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Employment of the foreign professional will not affect U.S. working conditions in similar fields.
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Employer is obligated to internally post notice of filing for H-1B.
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There cannot be an existing strike/layoff/lockout within the intended field.
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Employer must be compliant with public examination processes.
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If the employer terminates the foreign professional’s employment before designated time, the employer must pay the expenses associated with transportation back to the home country.
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The employer is not authorized to grant the foreign professional employment until the USCIS indicates approval.
H1B U.S. Employer Requirements
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It is required to have the funds necessary to pay the foreign professional.
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The employer must provide an official job offer. An official job offer signifies that documented evidence can be presented to show a true business need.