H1B Visa Requirements

H1B Visa
Some Basic H1B Visa Requirements To Consider

The H1B visa application has numerous requirements that are associated with it. I’m going to run through a few basic requirements that you need to meet in order to file an H1B application. If you don’t meet these basic requirements, you might want to reconsider whether you want to file the H1B application at all.

Specialty Occupation

The first thing we’re going to look at is, is the position that’s being offered considered to be a specialty occupation. A specialty occupation is an occupation that normally requires a bachelor’s degree in order to perform the job duties. If the position doesn’t normally require a bachelor’s degree, then you might want to reconsider whether you should file the H1B application. So an example of a position that would qualify is an engineering position. Clearly engineering positions require bachelor’s degrees. On the other hand, if you have a position as a cashier, typically a cashier does not require a bachelor’s degree in order to perform the job duty adequately.So make sure that the position is one that requires a bachelor’s degree.

Relevant Degree

Also, does the potential employee that you’re hiring have a degree that’s related to the position that’s offered? So in our previous example with the engineer, does the employee have a degree in engineering? If they have a degree in accounting, then it doesn’t make sense to file the H1B application for them if your position is for an engineer.

Actually Have The Degree

Also did the employee earned their degree prior to filing the H1B application. If they haven’t actually earned the degree and they’re still completing their exams, or they still have a few credits to go, they won’t qualify. You actually need the degree in order to apply for the H1B application.

Prevailing Wage

Next we’re going to look at what’s called the prevailing wage. The prevailing wage is a wage that’s set by the department of labor. Typically we’ll go through a formula to determine what that wage is. And one thing to note is that it’s not just a salary amount that’s set by the department of labor. If for example, you have other employees that are performing the same job duties and are earning a higher salary than what the department of labor has set, you have to pay that higher actual salary to the new H1B employee. If you’re not able to do that, then you might want to reconsider whether you should file the H1B.

W-2 Worker

Another thing to consider is are you trying to hire this person as an independent contractor, or are they going to be a W2 employee? Independent contractors are not allowed in H1B applications. They have to be W2 employees. Finally, the employer has to pay the filing fees that are associated with the H1B application. That’s required by law. If the employer is not willing to pay the filing fees for the H1B application, then you will have problems as an employer. The application could potentially get denied. If that was found out also, that could cause problems for an employer if later the company was audited by department of labor or USCIS. So you need to be paying the filing fees on the H1B applications.

Meet Very Basic Requirements

Those are some basic requirements for H1Bs. If you can meet them great, you can look into applying for an H1B. If you can’t meet those very basic requirements, then I would reconsider whether you should file an H1B application at all.  If you don’t think you can qualify for an H1B, click this link to view our page on H1B Visa Alternatives.


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