How to Secure Your H-1B Visa: A Practical Guide for International Professionals and Their US Employers

Summary

Securing your H-1B visa requires attention to both (1) eligibility and (2) H-1B procedures.

H-1B eligibility depends on three essential requirements:

1. The H-1B employee must be a professional with a bachelor’s degree in the field or equivalent.
2. The job must be a professional position that normally requires a person with a specialty bachelor’s degree or equivalent.
3. The offered salary must be comparable to the salaries paid to American workers.

H-1B procedures required to secure H-1B status involve inputs from both employer and employee in interactions with four different US government agencies:

1. The Labor Condition Application (LCA), filed with the US Department of Labor (DOL).
2. The H-1B petition, filed with US Citizenship and Immigration ...