The H-1B Alien’s Eligibility

To be qualified for a H-1B visa, the alien applicant must show proof that the individual is capable of working in the specialty occupation for which the person is being hired by the sponsoring employer.

This capability of work can be proved through the following ways:

• Acquisition and possession of a relevant college degree from a certified educational institution in the United States;
• Acquisition and possession of a relevant college degree from a certified educational institution outside of the United States together with at least three (3) years of relevant work experience;
• Possession of at least twelve (12) years of high-level work experience, evaluated as being equivalent to a college degree from an educational institution in the United States;
• Possession of a state or federal license as prerequisite to be allowed to practice a particular profession;

Should there be a requirement for license to practice a “specialty occupation” in the United States, the alien applicant must possess such a license to qualify for a H-1B visa. This includes passing the relevant state licensing examination and be qualified to practice in the State of intended employment.

For more information about the H-1B Visas alien eligibility, contact or schedule an appoint with one of out immigration lawyers today.