Expert immigration attorney Jon Velie explains what an H-1B visa is and who should apply for it, plus reveals some of the most common mistakes and pitfalls to avoid when making an H-1B visa application.
An H-1B visa is a work visa for specialty occupations. Specialty occupations are those jobs that primarily require a university degree. H-1B visas have come under considerable scrutiny by USCIS in the last year or two.
"How do I know if a degree is required for an H-1B visa position?"
Whether the job for which you plan to request an H-1B visa requires a degree can be found in the Occupational Outlook Handbook (OOH).
It is important to look at the handbook to determine whether or not the position for which you need sponsorship requires a degree and which specific degree is required.
The extent to which the degree is closely related to the job has been narrowed extensively. More and more, degrees like Business Administration or general degrees are being negated.
"What kinds of issues to H-1B petitioners commonly have?"
Another issue to consider is whether or not the job has a wage that is above a level one wage. If it is a level one wage job, it needs to have adequate supervision to ensure that USCIS approves the application.