The world is progressively becoming a global village, and immigration is one of the key pathways to fostering cross-border collaboration and opportunities. One way to legally reside and work in the United States is through an H-1B visa.
The H-1B visa is designed for foreign professionals who possess specialized knowledge and skills, typically in fields such as technology, engineering, mathematics, medicine, architecture and other industries requiring advanced qualifications.
What is the eligibility criteria for an H-1B visa?
The H-1B visa is designed to bring skilled professionals to the United States for temporary employment. To qualify, both the employer and the employee must meet specific criteria that comply with U.S. immigration laws.
- Employer-employee relationship must exist: The worker must be directly employed by the sponsoring company, with the employer having authority over their work tasks. This means the employer controls the employee’s work duties and oversees their performance, unlike a contractor or self-employed individual.
- Job must require a professional’s qualifications: The offered position must involve specialized tasks that typically require at least a bachelor’s degree or higher in a specific field. For example, jobs in areas like technology, engineering or healthcare often meet this requirement. The applicant must have the necessary educational background or equivalent experience to perform the job duties.
- Employer must pay a prevailing wage: The employer is required to pay the H-1B worker a salary that matches the average wage for that position in the job’s location. This helps make sure the foreign worker’s pay is comparable to what others in the area are earning for similar work, helping to protect the local workforce.
- The visa is tied to the employer, position and location: The H-1B visa is specific to the employer, the job and the work location. If the worker changes employers or positions, a new H-1B petition must be filed to reflect the new situation.
These requirements help make sure that the H-1B program operates fairly for both U.S. employers and skilled foreign professionals seeking to work in the U.S. Obtaining legal guidance may be helpful when navigating the H-1B visa process.