If a foreign worker own the employer s/he may be able to demonstrate that an employer/employee relationship exists if the control of the foreign worker’s work is exercised by a board of directors, preferred shareholders, investors or others.
FAQs about H-1B Requirements
Yes. There must be an employer/employee relationship between the U.S. employer and the foreign worker. Generally, the relationship is demonstrated by the fact that the U.S. employer may hire, pay, fire and supervise or otherwise control the foreign worker’s work.
Yes. The foreign worker may possess either a U.S. bachelor’s degree; a foreign bachelor’s degree (that is determined to be the equivalent to a U.S. degree); or demonstrate that s/he has education, specialized training, and/or progressively responsible experience that is equivalent to the completion of a U.S. bachelor’s or higher degree in the specialty occupation…. Read More
Yes. In essence this means that either: a bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position; the degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least… Read More
The term ‘specialty occupation’ is defined as requiring a theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree (or its equivalent) as a minimum for entry into the occupation. The U.S. employer (Petitioner) must be hiring a foreign worker (Beneficiary) in a ‘specialty occupation’… Read More