An H-1B visa is a non-immigrant work visa issued to foreign nationals to allow them employment in America. There are restrictions on qualifying for the visa, as well as a national quota allowing only 65,000 issued each fiscal year. Here we'll discuss the levels of advanced education and how they factor into receiving an H-1B visa.
Bachelor's Degree
Because H-1B visas allow foreign citizens to work in American companies in the U.S., there are restrictions on when a foreign citizen can be hired. The company petitioning to receive an H-1B visa on an employees' behalf must prove that that employee possesses skills and knowledge that are unique. The question needing to be answered is "why can't an American fill this particular position equally as well?" The first regulation for an H-1B visa, then, is that the foreign national have a minimum of a bachelor's degree (or another degree equal to that of a four year degree). The degree must be in a related field to the corporation. For example, a computer programming position would require an employee with a bachelor's degree in computer science.
Work Experience
If the employee doesn't have a degree, but does have work experience in the related field, he or she can also qualify for the H-1B visa. As the immigration laws stand, three years of work experience equals one year of college experience. For example, if the candidate has completed three years of college, and then has an additional three years experience working in the field, he or she can qualify for the H-1B visa. With work experience, the candidate will have to obtain a "credentials evaluation report" proving their expertise. This provision is often used for those in the arts such as fashion models or musicians who may not have gone to school for their craft.
Master's Degree or Higher
While there are only 65,000 H-1B visas granted each year, the United States government, in 2005, added an additional 20,000 visas for those foreign nationals who have obtained a Master's degree or higher from a U.S. university and are now seeking employment in the U.S.
Overall, to obtain an H-1B visa, the foreign national must possess a level of education, skill, and knowledge that makes them the ideal candidate for a position in a U.S. company. For more information about the H-1B visa, contact an immigration lawyer.
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