Jobs Visas

H1-B USA Job Visa: Eligibility Requirements for Temporary Workers in Specialty Occupations

Non immigrant workers can enter the United States to work on a temporary basis. One of the most popular pathways for pursuing temporary work in the USA is the H1-B Visa. Workers in certain specialty occupations, or people who can provide services as a Department of Defense researcher or development project worker, or fashion models of distinguished ability and merit, can consider this rewarding USA job visa category.

The H1-B visa is most commonly pursued by workers in specialty occupations. It allows them to work in the USA for three years, with the possibility to extend their duration of stay up to a total of six years. The worker’s U.S. employer petitions for this visa on their behalf. The worker’s spouse and unmarried children can also accompany them to USA under the H-4 non immigrant classification.

In order to prove eligibility for the H1-B Visa, workers must be qualified to perform jobs abroad in specialty occupations. This can be demonstrated if the applicant meets one of the following requirements:

1. Complete a Bachelor’s or higher degree from an accredited university or college in USA, as required by the relevant specialty occupation.

2. Hold an equivalent qualification in the specialty occupation from a foreign educational institution.

3. Have an unrestricted state license, certificate or registration that authorizes the applicant to fully practice the specialty occupation, and be engaged in that occupation in the state of intended employment.

4. Have training, education, or progressively responsible work experience in the specialty occupation, which is equivalent to the completion of a degree. The candidate’s expertise in the specialty should have been recognized through progressively responsible job positions that are directly related to the specialty.

While considering options for how to get job in USA, applicants must ensure that the job they will be pursuing in USA must fulfill one of the following criteria:

• The minimum requirement for the job position is normally a Bachelor’s degree or higher, or an equivalent qualification.

• The degree requirement is common for pursuing jobs in the industry, or the job is so unique or complex that it can only be performed by a degree holder.

• The employer typically demands a degree, or an equivalent qualification, to consider an applicant for the job.

• The job duties are so complex in nature that obtaining a Bachelor’s or higher degree is usually associated with having sufficient knowledge to perform these duties.

Labor Condition Application

The specialty worker’s U.S. employer must submit a Labor Condition Application (LCA) to the Department of Labor, and obtain a certification. This is a mandatory requirement, since the LCA attests that the employer will comply with labor requirements, such as paying fair wages and offering a healthy work environment to the worker.

Since the H1-B USA Job Visa requires not only an employment offer, but also a labor certification, aspirants can seek the services of a job portal or recruitment agency that can connect them to foreign employers. Obtaining a job offer through a legitimate international recruitment platform will allow the applicant to satisfy the eligibility conditions, and smoothly facilitate the visa application process.

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