Back to the Basics: H-1B Eligibility Requirements

Back to the Basics: H-1B Eligibility Requirements

So, your company has a business need and you think you’ve found a qualified international worker to fill it.

But now you’re wondering, “is this worker even eligible for an H-1B visa? Is my company eligible to file a petition for H-1B classification regarding this worker?”

The first thing to remember about the H-1B is that it is a business-driven process, meaning you should only pursue an H-1B if there is a business need to hire a specific worker for a specific position.

Now, let’s talk basics.

While the H-1B eligibility requirements are more nuanced than we’ll discuss here, the criteria listed below covers the main points of H-1B eligibility:

I. The position normally requires at least a bachelor’s degree in a specific field, or qualifies on other grounds

The job offered must meet one of the following:

1. The normal minimum entry requirement for the position is a bachelor’s or higher degree or its equivalent.

2. The degree requirement is common to the industry, or the job is so complex or unique that it can only be performed by someone with a degree.

3. The employer normally requires a degree or its equivalent for the position; OR

4. The job duties are so specialized and complex that the knowledge required to perform them is associated with a bachelor’s or higher degree.

II. The worker meets the minimum educational requirements

The worker possesses the educational background to fill the position because:

1. The bachelor’s degree that the worker has is in a specific major required by the employer for the position; or

2. The worker has education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree

III. There’s a true business need for the worker

The employer must show that:

1. They are offering a traditional employment scenario; and

2. The position offered is a legitimate position

IV. The employer will pay the prevailing wage

The employer must show that they will pay the H-1B worker wages that are:

1. Equal or greater to the actual wage paid by the employer to other workers with similar experience and qualification for the job in question; or

2. The prevailing wage for the occupation in the area of intended employment – whichever is greater

We get it, it’s overwhelming. But your business immigration experts can walk you through it and help you fill a business need by employing qualified international personnel.

For more information on the H-1B, check out: H-1B Training | CICI

Hadley Bybee

Business Immigration Attorney MDIVANI CORPORATE IMMIGRATION LAW FIRM

NOT LEGAL ADVICE: This article is for educational purposes only, it is not legal advice that may be applicable to your situation.

The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.