What Is the H-1B Visa? Definition, Requirements And Process – Forbes Advisor – Technologist

There are requirements for employers sponsoring H-1B employees and for workers coming to the U.S. on an H-1B visa.

First and foremost, there are a limited number of visas available for nonexempt jobs, so you must register for the lottery (which can be done online) and be selected to move forward.

If you are selected, here are the other requirements employers and workers need to meet.

Employer Requirements

Employers who employ H-1B visa-holders must meet the following requirements:

• complete a Labor Condition Application (LCA) (Form ETA 9035 and/or ETA 9035E) correctly and accurately, then maintain it at each worksite and provide a copy to the H-1B worker
• pay the required wage rate for H-1B workers that applies to each permanent worksite
• provide the same employment benefits to the visa-holder that they provide to non-U.S. workers
• provide notice of intent to hire an H-1B worker to current workers (and their bargaining representatives) who are in the same occupational classification as a future H-1B worker even if the current workers are at a different location from where the visa-holder will be employed
• pay the H-1B worker for all work-related expenses
• provide notification to USCIS of any changes to the visa-holder’s work status

Employers also cannot require or allow the H-1B worker to pay the petition filing fee for the visa or to pay a cessation penalty, and they can’t retaliate against any workers who show the employer has violated regulations relating to the program.

Employers also can’t employ the visa-holder if there is a strike or lockout program among employees in the same occupation as the H-1B visa-holder.

Employee Requirements

There are different kinds of H-1B visas. Here are the H-1B visa prerequisites for getting a visa to work in the United States in a specialty occupation:

• The job must require both the theoretical and practical application of a body of specialized knowledge.
• Typically, the job must require a minimum of a bachelor’s degree in the specific specialty, a degree requirement must be common in similar positions, and the employer must customarily require a degree for those hired to do the job or the job duties must be so specialized and complex that it would be customarily assumed a degree is required to carry them out.
• The employee getting the visa must have a bachelor’s degree or higher in the specialty field, must hold an equivalent foreign degree or must have an unrestricted state license, registration or certification that authorizes the worker to perform the duties and become immediately employed in the intended job.