USA H1 - B Visa Requirements
US H1B Visa is filed for the highly skilled candidate by his or her employer to work in the USA. There are strict requirements not only for the highly skilled candidate but also for the employer. Many conditions are to be fulfilled for both the employer and the employee. The employer has to show that there is such a requirement for the specialty occupation. The employer has to also show that the candidate has got such talent, skills and qualifications for the position of the specialty occupation.
Also, there are specifications to what exactly is the specialty occupation. The candidate has to be qualified for the specialty occupation holding a specified bachelors / masters degree or its equivalent certification. There are several different fields that come under the specialty occupations. Moreover, there are some states that need a license to practice the specialty occupation. Hence, this is another requirement for such a license of that specific state.
There are strict conditions that the employer of such a candidate has to comply with several different conditions, rules, and regulations. First, there must be a job offer, a job requirement, and also the employer must want to sponsor the employee / candidate and file the petition regarding this. There are important forms that the employer must file with the USCIS (United States Citizenship & Immigration Services).
Employer must fulfill the requirements of DOL (Department of Labor)
The company / employer / firm/ etc., must be a “US Employer” having IRS TIN.
The employer & employee must have the employer – employee relationship. Example, the employer supervises the worker, controls his work, pays wages, fire him, etc.
Employer must file LCA (Labor Condition Application) with USCIS. There are several specifications in this regard.
There are several other requirements that the candidate and the employer has to meet. The details given above is only for giving a basic thought on few requirements of the process and must not be taken as a professional advice. Contact a specialized professional Visa Consultants for guidance.