Your company wishes to hire a foreign worker to work in a ‘specialty occupation’. Is the foreign worker eligible for an H-1B visa?
What are the Requirements to Obtain an H-1B Visa?
The employer filing the petition must be engaging the foreign worker to work in the United States and must have an Internal Revenue Service Tax Identification Number.
The U.S. employer must have an employer/employee relationship with the foreign worker in that it may hire, pay, fire and supervise or otherwise control his/her work.
The U.S. employer must hire a foreign worker to work in a ‘specialty occupation’. 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.
Foreign worker’s Credentials
The foreign worker must possess at least a bachelor’s degree (or its equivalent).
Labor Condition Application (LCA)
The U.S. employer must obtain a certification from the Department of Labor (DOL) that it has filed a Labor Condition Application (LCA) online in the ‘specialty occupation’.
The U.S. employer must attest that it will pay the foreign worker at least the prevailing wage.
If the foreign worker is terminated prior to end of the H-1B period of admission the U.S. employer is liable for the reasonable costs of return transportation of the foreign worker abroad.