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The Employer will file the H1b on behalf of the foreign national worker. It is essential that the applicant worker have an employer willing to file a petition on his/her behalf.

Generally, the Immigration Department considers Professional positions those that require at least a Bachelors or its equivalent to perform. As such, applicants must show that they have at least a Bachelors degree or a combination of work and experience to be considered equivalent to a Bachelors degree. The position itself must also require a Bachelors degree to be eligible for the H1B visa.

One of the most important parts of an H-1B case is documenting the alien’s education and/or experience. If the foreign national did not attend school in the US, their degree must be evaluated by a credentials evaluation service to ensure it is at least equal to a US bachelor’s degree. While possession of a degree is the most common way of establishing a person’s ability to work in a specialty occupation, a degree is not required to obtain an H-1B visa. The applicant can demonstrate through work experience or a combination of education and experience that they have the equivalent of a bachelor’s degree. Under USCIS rules, three years of work experience is equal to one year in college.

The H-1B nonimmigrant visa may be issued to individuals who seek temporary entry in a specialty occupation as a professional. There are a maximum of 65,000 H-1B visas issued per year for all professionals. An Additional 20,000 H1b visas area allotted to those who qualify as a specialty occupation, the position must require at least a bachelor’s degree or its equivalent, nationals of Singapore and Chile draw from a separate cap of 6,800 (5,400 for Singapore and 1,00 for Chile).

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