The short answer to this is yes! The regulations stipulate that the employee must hold a U.S Bachelor’s Degree, an equivalent foreign degree or experience in lieu of a degree.
The H-1B visa category has a quota of 65,000 per year plus a further 20,000 allocation for U.S. Masters Degree holders and it is very often the visa of choice for companies who wish to employ professional workers.
If successful in a H-1B application, candidates get issued a 3 year visa which can be renewed for a further 3 years. In the meanwhile, their employer can apply firstly for labor Certification and then employment based permanent residency. Provided this has been done in a timely manner, the employer can apply for a further 1 year or 3 year extension and yearly extensions thereafter until permanent residency is issued.
The H-1B is often the visa of choice for companies looking to recruit foreign professionals.
In recent years USCIS (United States Citizenship and Immigration Services) Service Centers have become very stringent in assessing H-1B petitions by employers.
Amongst other issues, the main issue is whether the job offered constitutes a specialty occupation.
We as a law firm have a very good track record in getting H-1B visas approved and we have often taken on cases that have been refused via other law firms and successfully established the specialty nature of an occupation to the complete satisfaction of the USCIS.
The reason for our high rate of success is that at the first instance we try to submit extensive documentation establishing the specialty nature of the job offered. If the USCIS then requests further evidence, we place great emphasis on submitting the extensive further documentation that they require.
Hence if you are contemplating pursuing this route, please contact us immediately so that we can advise what needs to be done next.