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What is an H-1B Visa and Who Qualifies?
H-1B is the most popular work visa in the H class of nonimmigrant visas. In general, an H-1B visa is for a foreign worker coming to the US to temporarily perform services in a specialty occupation for a US employer. Of paramount concern is i) whether the job is in “specialty occupation,” ii) whether the worker has the qualifications, and iii) whether the employer is a “US employer.”
A “specialty occupation” is simply one where at least a US Bachelor’s degree (or foreign equivalent) in a specific discipline is required for the job. So how do we determine whether a specific type of Bachelors degree is required for the job? Generally, we have to research sources that the immigration service considers authoritative, which specifically state that a Bachelor’s degree in a specific field is required. For example, it is clearly established that a Financial Analyst requires a Bachelor’s degree in Business Administration or a related field. In cases where authoritative sources are not clear whether the job requires a specific type of degree, the Immigration and Nationality Act (INA) dictates that there are alternate methods to prove that the specific job offered indeed requires a degree.