The H-1B is a type of visa that allows US employers to bring foreign employees into the country for a period of three years. These workers will work in the United States under a “specialty occupation.” Their visa can be later extended up to three more years. The employer can also hire employees part-time.
However, employers cannot just hire anybody. There are certain criteria that the worker and the job position have to meet before they can work in the US. A business immigration attorney in Dallas can make sure you meet all the eligibility requirements and streamline the process.
Qualifications needed to be sponsored for an H-1B visa
- Education.
There is a minimum education level requirement. The sponsored employee must have a bachelor’s or higher degree or equivalent qualification. They must have expertise or knowledge of the same level. If they do not fulfill these criteria, the application will get rejected.
- Job’s requirements.
The nature of the job or position in the company also plays a crucial role. The job in Dallas for which the employee is to be sponsored must require at least a bachelor’s or higher or equivalent degree to perform its duties. In simple words, if the job does not require these minimum education qualifications, the employer is not allowed to file a petition for them. The job’s duties must be complex enough to need a bachelor’s degree.
- Pay level.
The employer must make sure that the salary or wages to be paid to the foreign employee meets the prevailing requirements set by the Department of Labor. Factors that influence the pay include the duties of the role, the nature of the job, and the area of work. The employer must also demonstrate that they will not pay the foreign worker any less than they pay other workers with similar positions in the company.
- State license.
Some jobs, such as doctors, pharmacists, teachers, etc., require a state license to perform them. If the employer hires someone for one of these jobs, they must submit a copy of the employee’s professional license with the H-1B petition.
However, in some cases, the state licensing agency may not award the license before the person is legally in the US. Employers must be clear whether the job requires a license to avoid delays or rejection in the application process.
Other than the listed requirements, the employer must pay all the fees involved with the H-1B application. The employee will be responsible for paying for their visa. However, it is the employer’s duty to pay for the petition fees.
