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Dec 18

H1B eligibility criteria

H1B eligibility criteria | Bachelor’s or Master’s Degree with experience

Petitioners follow USCIS rules and regulations to process H-1B visa. Petitioners source resumes based on their requirements and they filter it by the eligibility criteria. More importance is given to four years Bachelor’s degree, or Master’s degree with experience related to their requirements. Few petitioners mention the major of study (computer science, electronics, statistics etc.) to hire a candidate.  Finally, they submit the i129 petition to USCIS. If the candidate’s degree and experience is not specific to the petitioner’s requirements in Letter of Support (a document sent to USCIS along with others forms and letters), USCIS rejects or sends request of evidence to the petitioner.

Eligibility criteria to get H-1B visa:

  • US employers should sponsor for H-1B visa.
  • The offered job should be a specialty occupation (Cook, Servant are not eligible for H-1B visa.)
    • 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.
    • 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.
  • US employer should offer you at least the prevailing wage (Explained in FAQ) recommended by Department of Labor.
  • Candidate should have four years of Bachelor’s Degree or equivalent work experience. Per USCIS, three years of work experience is equal to one year of education. This Bachelor’s degree earned by candidates should be equivalent to a US Bachelor’s degree.
      Example:

    • Candidate with 12 years of experience is eligible to apply for H-1B visa.
    • Candidate who has 3 years of Bachelor’s Degree and 3 years of work experience.
  • US employers have the right to control:
    US employers who sponsor for H-1B visa should have the right to control, also known as employer-employee relationship. i.e. should have the capability to hire, fire, supervise or control the candidate (employee) and responsible for the candidate’s return transportation abroad if candidate is dismissed prior to the end of the H-1B stay requested.
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