H-1B visas are visas that are used by U.S. employers who wish to employ non-U.S. workers who have specialized knowledge in their respective fields. To be considered for an H-1B visa, workers must have a bachelor’s degree in their field or a degree of the same equivalence. These jobs are considered to be specialty occupations that require it meets at least one of the following requirements; a bachelor’s degree or higher or the equivalent of a bachelors must be the minimum degree requirement for the position, The degree requirements of the job must also be a common requirement for the industry or the job must be so difficult or complex that only someone with the proper degree will be able to do the task. For applicants to accept a job offer in addition to the necessary degree, applicants will need to have an unrestricted state license, registration, or have a certification that qualifies them to practice in their field in their intended state of employment. With an H-1B visa, prospective employers must file a 1-129 form while including an approved form ETA-9035 labor condition application. A 1-129 form is a form in which petitioners or U.S. employers who are filing on behalf of their applicant, who is a non-immigrant worker, to temporarily come into the U.S. and work or receive training for the specific job they are here to do.
Those looking to sponsor applicants must follow specific guidelines such as if the applicant is working for more than one employer at the same time, all employers must file separate petitions with the designated service center that has jurisdictional rights. The employer must also submit the contract between him and the applicant along with the agent’s terms and conditions for the applicant. Another requirement of the H1-B visa is that the applicant must be paid at least the typical or the prevailing wage for the occupation. The prevailing wage is determined by the position the applicant will be employed and the location where they will be working. The United States Department of Labor has a current list of the prevailing wages across the country. H1-B visas have a cap of about 65,000 accepted applicants a year. The first 20,000 applications sent on behalf of applicants with a masters degree will be exempt from the 65,000 limit. So if you are one of the applicant’s, then you must meet immigration or H-1B visa attorney for the best guidance and consultation