Who can file for H1B Visa
Immigration Lawyers in Los Angeles
Who can file for H1B Visa?
To get H1B visa the combination of your education, skills and experience must meet the "specialty occupation" standard. H1B petitions filed by accountants, marketing managers, financial managers, lab technologists, computer analysts, programmers, database administrators, web designers, social workers, medical technologists, dietitians, economists, mechanical engineers, librarians, financial analysts, scientists, pharmacists , architects, lawyers, physicians, teachers in elementary or secondary schools, colleges or seminaries and other similarly situated H1B applicants usually get approved. The petitions are submitted by employers based on their need for the foreign employee. The H1-B applicant should possess a bachelor's degree in arts or sciences or requisite experience to make up for the lack of requisite education.
The H-1B visas must be filed by U.S. employers and not foreign companies. The employer must show that the position requires a professional in a specialty occupation and that the potential employee has the required Qualifications.
Definition of a specialty occupation is an occupation that requires a theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor's or higher degree in the specific specialty or its equivalent as a minimum for entry into the occupation. Very often the U.S. state where the job is offered will require a license to practice your particular occupation and if you don't have such a license, your H1B petition may be denied.
Only foreign workers with higher education/bachelor degree or its equivalent may apply H1B visas, thus housekeepers, babysitters, bodyshop workers, cashiers, sales clerks and other low skilled workers can not successfully file for H1B visa. The proper visa for low skill workers without bachelor degrees is H2B visa or labor certification to get permanent residency in the U.S.