H1-B Visas are granted to persons with a four year college degree, or greater, in a specific field in which that degree is required, as an industry standard, to fill the position offered. A United States company or individual must offer the position of full time employment and must petition the Immigration and Naturalization Service to give a basis for this visa to issue.
If the profession in which employment is offered requires a license, the visa applicant must have a license issued by the appropriate authority in the United States in order to qualify for the visa.
In limited circumstances experience may qualify one as having the equivalent of a four year college degree, as is required for this visa, without having the degree. In order to qualify one must have some education or instruction in the area of expertise and must have at least three years experience with guidance by degreed superiors for each year of college education in the particular field which is lacked. Detailed accounts of one's experience and training must then be reviewed by a college level professor in the particular area in which an evaluation of equivalence is sought and a written opinion detailing how the experience can be considered the equivalent of a degree must issue. This opinion is not binding and does not insure one will be considered qualified for the visa.
In addition the United States employer must prove that it is able to pay the salary offered and must file an attestation with the Department of Labor stating salary and other working conditions pertaining to the subject position and all similar positions within the particular office in which the visa applicant's employment is sought.
Daniel B. Sibirskyis Florida Bar Board Certified as an expert in Immigration & Nationality Law.
Daniel B. Sibirsky
Tel. (305) 381-9797