One of the important factors for a successful H-1B petition is the prospective H1B employee’s credentials. Generally, H1B employees should possess the necessary H1B qualifications to practice in the specialty occupation.
Establishing H1B qualifications
H1B employee has the right H1B qualifications
Prospective employee has the credentials by having either
(i) U.S. degree or a foreign degree that is equivalent to a U.S. degree, or
(ii) experience in the specialty equivalent to the completion of such degree.
H1B position requires the same qualifications of H1B employee
The actual H1B position to be filled requires credentials that prospective employee possesses.
For example: An account firm is hiring/ sponsoring a H1B employee who has an Accounting degree to work as an Accountant and such position requires someone with an accounting degree.
H1B filing before graduation
The law requires H1B beneficiaries to meet the requirements of the H1B visa – including possessing the degree or its equivalent on the day that the petition is filed. This rule affects many foreign students who have not completed their degree requirements in time to file an H1B petition by April 1st – the start of the H1B filing season, as students do not normally graduate until May or June. Nevertheless, it is possible to file a H1B petition before graduation and the H-1B degree requirement may still be met if the students are able to show by evidence that all the work toward the degree has been completed, although a degree has not been officially awarded. The advantage of filing before graduation for any qualified H1B beneficiaries is the ability to file early (unless a cap exemption applies) so to avoid the H1B cap being reached earlier than we expect.
Evaluation of Foreign Degrees
If a H1B prospective employee has a non-U.S./foreign degree, an educational evaluation by experts is required to establish that a foreign degree is equivalent to a U.S. degree or higher in a specialty. Unlike collage graduates in the U.S., foreign degrees must satisfy another hurdle of the H1B requirement that the degree is equivalent to a U.S. degree or higher. The evaluation should be conducted by experts and the evaluation report must be included in the H1B petition as evidence meeting the degree requirement.
H1B visa application is complex and detailed. If you are seeking an experienced Chicago H1B lawyer to strategically prepare your H1B petition, please contact Cipolla Law Group for a consultation.
We have over 25 years of combined experience and excellent proven track record of helping individuals and corporations getting their H1B visas approved. You need every advantage you can have to maximize your chance of approval, make sure you contact our experienced Chicago based H1B lawyers today so that your best case can be put forward.