Professionals in specialty occupations (H-1B visas)

The H-1B visa is a temporary visa for professionals to work for a U. S. employer in a specialty occupation. The two primary eligibility requirements are:

a. The alien must be a professional by USCIS standards. This means the alien must have a United States bachelor's degree level of education, or a combination of formal education and work experience that is the equivalent of a bachelor's degree.

b. The position must be one which normally requires someone with a bachelor's degree in the field of the alien's formal education and work experience.

The following are the steps that must be taken to obtain the H-1B visa:

I. Prevailing Wage Determination and Labor Condition Application. After determining the prevailing wage, a completed ETA 9035 must be submitted to the United States Department of Labor in Chicago, Illinois in which among other things the employer discloses the prevailing wage and the wage of the position offered and agrees that the rate of pay is the higher of the prevailing wage or the actual wage at the place of business of similarly experienced and credentialed people in the same job. That document also must be posted at the place of employment for a period of ten (10) business days.

II. Visa Classification Application. The actual USCIS petition consists of a prescribed form I-129 with H Supplement with a supplemental letter from the employer. The job description to be outlined in the letter should show a high degree of technical knowledge needed to perform the job. Is the position a new position? Did the person performing these duties in the past have a bachelor's degree? Do others in similar positions have bachelor's degrees? It is important to show proof why a bachelor degree is needed. The following is a list of documents which should be submitted with the employer's support letter and I-129H:

A. Resume;

B. Diploma;

C. Transcripts from schools attended;

D. Translation of transcripts, diplomas and any other documents that are not in English;

E. Credentials Evaluation (if necessary);

F. File-stamped ETA 9035;

G. Information relating to the sponsoring employer indicating the ability to pay the wage and also indicating that the type of work to be performed by the alien is a normal part of the sponsoring employer's business operations. This may include company brochures, financial reports, annual reports to shareholders, contracts with customers or other such information;

H. I-94 and passport.

To find out if you qualify for an H-1B visa, please contact our office at 317-639-1210 or through this website.