6 Core Requirements for H1B Visa


6 Core Requirements for H1B Visa

1. Bachelor degree or higher
Individual must possess a bachelor’s degree or higher. Work experience can also be considered – 12 years of work experience required (considers 3 years of work experience as one year of university level education)

2. Job must qualify as speciality occupation
The H1B job is considered as a speciality occupation if the job requires a bachelors degree or higher in a related field of study. Jobs in fields such as engineering, math, science, and other technology fields can qualify as speciality occupation. Whereas jobs in fields such as sales, marketing, real estate, psychology do not clearly qualify and often present challenges as H1B positions.

3. Degree must be directly related to the job
The H1B job and your bachelor’s degree or higher must be directly related. For example you cannot be applying for a job in IT with a Pharmacy degree.

4. There must be H1B cap available for initial filing
For individuals filing H1B for the first time, there is a limit (also knows as Cap) on the number of H1B visas issued every year. Currently, US law limits to 85,000 visas for each fiscal year, out of which 20,000 visas are exempt to professionals who holds master’s or higher degree from US universities. Since past few years USCIS has been receiving more applications than maximum cap allowed, so it picks the petitions based on the lottery.

5. Valid employer/employee relationship must exist
To qualify for H1B visa, the employer-employee relationship must exist between the sponsor and beneficiary and the company possess the right to control the beneficiary’s work including ability to hire, fire and supervise.

6. The salary must meet prevailing wage
Employers are required to pay minimum or above the prevailing wage in the area of the intended H1B employment.


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