This article outlines the application requirements for the H-1B visa, including educational qualifications, job requirements, salary requirements, and employer requirements.
The H-1B visa must be sponsored by an employer. According to regulations, the employer must submit the H-1B petition and cover all fees.
Application Requirements for Employees
- Educational Qualifications
The applicant must hold a bachelor's degree or higher (or an equivalent degree). Whether the degree was earned in the U.S. or abroad, and whether the applicant is in the U.S. or not, he or she can apply for an H-1B visa. Degrees from foreign institutions must be recognized by a U.S. evaluation agency. In some cases, three years of work experience can substitute for one year of undergraduate education, which is applicable to certain three-year bachelor's or associate degree holders.
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Professional Skills
Your professional skills must match your job position, and employers must prove that they cannot find a more suitable candidate among U.S. workers.
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Job Type
The job can be either full-time or part-time, while it must be classified as a specialty occupation as defined by USCIS.
- Wage Requirements
The applicant must meet the minimum annual salary threshold of $60,000. Moreover, your salary must also exceed the prevailing wage for your current position, which reflects the average salary level for your job position in the given area. If this prevailing wage is higher than the $60,000 threshold, you must meet the higher wage requirement to be eligible. If you are working remotely, your eligibility for the minimum wage is determined by your actual work location, meaning your residential address.
How to Check the Prevailing Wage of Your Job:
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Log in to the Foreign Labor Certification Data Center.
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Select "FLC Wage Search Wizard."
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Choose the state and county where your employer's company is located.
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Enter the job title or relevant keywords.
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View the prevailing wage information.
Special Case:
For fashion models coming to the U.S. for temporary work, there are no specific degree requirements. Since the modeling industry does not have strict educational criteria, models without a bachelor's degree are still qualified for an H-1B visa.
Requirements for Employers
- Financial Proof
The company must demonstrate the ability to pay the wage approved by the Labor Condition Application (LCA).
- Job Proof
The company must prove that the position is real and plays an essential role in its operations. To justify the need to hire a foreign employee, it also needs to prove that no suitable American candidates are available.
- Company Size
There are no specific requirements regarding company size. However, the company must be operating legally within the U.S. and compliant with tax regulations.
Resources
To confirm if your employer supports H-1B applications, you can use the following resources:
You can also ask the company's HR department about its H-1B policies or utilize alumni resources to get further information.