WORK VISAS. Category “H” Visas
What are the education requirements for a foreign specialist?
Every year on April 1, employers may file petitions for professions that require the
foreign specialist to have, at a minimum, a bachelor’s degree or specialized knowledge.
An alternative to a bachelor’s degree may be work experience. The equivalence of work
experience to education is calculated as follows: three years of work experience are
equivalent to one year of study at an academic institution. Since obtaining a bachelor’s
degree generally requires four years, the applicant for the visa must therefore have at
least twelve years of work experience.
How to prove that work experience corresponds to a bachelor’s degree?
To do this, it is necessary to submit an application for evaluation of the foreign employee’s work experience to an agency accredited by the immigration service, which must recognize that the specialist’s work experience is equivalent to a bachelor’s degree. Usually, this is easier to do if the applicant has studied at least one year at some university. In that case, the missing three years would need to be replaced with nine years of practical work experience.
Who files the petition for an “H-1B” visa — the foreign worker or the employer?
Only the employer can file a petition for a foreign worker. At the same time, a citizen of another country wishing to obtain a work visa may be located either outside the United States or inside the United States on various types of visas, including tourist, student, etc. The employer may also be a U.S. company owned by the foreign worker for whom the H-1B visa petition is being filed.
Does an applicant for an “H-1B” visa need to prove the absence of immigrant intent?
No. This visa implies that the foreign specialist, when coming to work in the United States, may have immigrant intentions. For example: when a person applies for a student or tourist visa at a U.S. consulate, they may be denied if the consul believes the visa applicant intends to reside permanently in the United States. The consul is not even required to explain why they formed that impression. However, a consular officer does not have the right to deny a work visa applicant on this basis.
Why is it important to prepare in advance for filing an H-1B work visa petition?
The fact is that at one time, due to the economic situation in the country, American employers did not file petitions for foreign specialists, and obtaining a visa was not difficult. Currently, the situation is changing. There is an annual quota for work visas of 65,000. Of these, 6,800 visas are allocated to citizens of Chile and Singapore. Therefore, there is a kind of competition among applicants for these visas. For example, in 2014 and 2015, the acceptance of visa petitions closed within 7 days. That is why it is very important to prepare in advance and submit all necessary documents strictly on April 1.
What else is required, besides education or practical work experience, to obtain an “H-1B” visa?
The employer must file a Labor Condition Application (LCA) certification regarding the working conditions of the foreign specialist. It must indicate the salary amount for the foreign worker, which must not be less than what a U.S. employee would receive in the same position. The prevailing wage is generally determined by the U.S. Department of Labor. The labor certification process takes from four to six weeks. Therefore, it is very important to complete this step in advance in order to be able to file for the work visa on April 1.
For how many years is the “H-1B” work visa granted?
Initially, the H-1B work visa is granted for three years, and it can then be extended for another three years. Six years is the maximum limit, after which the foreign specialist must leave the United States and remain in their home country for at least two years. However, if a Green Card petition has been filed for this worker and the petition is pending with the immigration service, the visa may be extended for an additional year in that case.
