The United States has always been a magnet for skilled workers from around the world. To facilitate the inflow of talent and meet the demands of its industries, the U.S. government has established various skilled worker visa categories for United States.
The most popular option for skilled workers is the H-1B visa. In this article, we discuss the intricacies of the H-1B visa, explore other relevant visa categories, and provide essential information to help you navigate the application process.
H-1B Visa: Key Requirements
- Degree requirements: The H-1B candidate must possess at minimum a bachelor’s degree or its foreign equivalent.
- Specialty Occupation: The position sought by the candidate must meet at least one of the following:
- A bachelor’s degree or higher is normally the minimum requirement for the position
- The degree requirement is common for similar positions in the industry and for similar companies or the job duties are so complex and unique that can only be performed by an individual with a degree
- The sponsoring employer normally requires a degree or its equivalent for the position
- Labor Condition Application (LCA): The employer must file an LCA with the Department of Labor, certifying that they will pay you the prevailing wage and that the employment will not adversely affect the wages and working conditions of U.S. workers.
- H-1B Petition: The employer must file an I-129 petition with the U.S. Citizenship and Immigration Services (USCIS) on the behalf of the potential H-1B employee.
The H-1B Cap and Lottery System
Due to the high demand for H-1B visas, the U.S. government imposes an annual cap on the number of visas available. There are 65,000 H-1B Visas available each year for foreign workers with a bachelor’s degree and 20,000 H-1B Visas for foreign workers that hold a master’s degree or higher. Because H-1B candidates exceed the number of available visas, the H-1B is subject to a lottery system, where applicants are randomly selected. Certain institutions, such as universities, non-profit organizations, and government research institutions are exempt from the cap and their H-1B applications are not subject to the cap.
Other Relevant Skilled Worker Visa Categories
While the H-1B visa is the most common option for skilled workers, there are other skilled worker visa categories that may be suitable depending on your specific circumstances:
Skilled Worker Visa: Application Process and Tips
The application process for a skilled worker visa can be complex and time-consuming. Here are some essential tips to help you navigate the process:
Malescu Law can assist
The United States offers a variety of visa categories for skilled workers, providing opportunities for professionals from around the world. The H-1B visa is a popular choice for many, but it is essential to explore all available options and understand the specific requirements for each category.
At Malescu Law, our experienced immigration lawyers assist companies and foreign nationals to successfully navigate all skilled visa types.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
