The H 1B visa is a temporary non-immigrant work permit issued in the United States.
Non-immigrants enter the United States temporarily and are limited to the activity or purpose for which their nonimmigrant visa was issued. The H 1B entitles the holder to temporarily live and work in the United States.
H 1B classification is available for select positions, and you must meet several requirements before you get this specialty occupation visa.
What is a Specialty Occupation in H 1B?
Two fundamental requirements must be met to satisfy the specialty occupation standard:
- The employer’s position requires a specific bachelor’s degree or equivalent in education and experience.
- The foreign national employee possesses an appropriate degree or its equivalent. While this sounds straightforward, it can become quite complicated at times.
H 1B Educational Requirements
To qualify for the H1B visa category, the prospective H 1B employee must meet the following requirements:
- Possess a degree or higher from the United States of America or an equivalent. The individual must hold a four-year bachelor’s degree or higher from an accredited college or university in the United States.
- Suppose the foreign degree is a three-year bachelor’s degree. In that case, three years of work experience in the same or a closely related field/occupation may be counted as one year of additional education.
- The applicant must be fully qualified to perform the duties of the offered position lawfully. For instance, in occupations that require licensure or professional credentials (such as a physician, dentist, attorney, CPA, architect, or registered nurse), the individual must already possess such credentials before filing the H1B visa petition.
H 1B Jobs Need Specific Degree Programs
The H-1B regulations of the United States of America provide four methods for employers to demonstrate that their job requires a bachelor’s degree:
- A degree is typically required for entry-level positions.
- Comparable employers in the industry require a degreeComparable employers in the industry require a degree.
- Typically, employers require a degree or higher for this position.
- Because the job duties are “so specialised and complex,” they usually require a degree.
For jobs in accounting, engineering, and various information technology fields, it is self-evident that the applicant must possess a specific degree.
Other jobs, on the other hand, are less clear. For instance, marketing and sales positions frequently pose difficulties under the H-1B visa category, as employers typically accept various degrees.
Sales Representatives, for example, may hold degrees in business, marketing, psychology, history, communications, or political science, among other disciplines. This raises complications in determining the degree requirements for this occupation.
What are the Degree requirements for H 1B?
Institutions prescribe degrees required for completing one’s studies. Requirements include minimum semester hours, required minimum grade point average, prerequisite, and electives for the specific major and minor areas of studies.
Bachelor’s degrees are awarded after completing the appropriate curriculum and faculty recommendation. The academic courses required to satisfy degree requirements can be different for transfer students transitioning college credits and adult learners. Generally, degree requirements vary by school and level of the credential. Here are the general degree requirements:
- A minimum grade point average of 2.0, or a ‘C.’
- A minimum of 120 semester hours for bachelor’s degrees
- A minimum grade point average of 2. o, or ‘C’ in minors and majors
- A minimum of 30 hours of credit in upper-division courses
- Must have completed general education courses for the respective degree
College courses taken to supplement course deficiencies in preparatory high school and meet minimum university admission requirements may be used to satisfy general education requirements.
Students taking arts degree programs must complete a foreign language.
What are associate degree requirements?
An associate’s degree is an academic degree awarded by community colleges, technical colleges, junior colleges, and bachelor’s degree-granting colleges and universities after completing a course of 60-semester credits or units and lasting two years.
Students pursuing an associate of arts degree are required to demonstrate proficiency in any foreign language, similar to completing one year’s college work.
Special Major for a Bachelor of Arts/Bachelor of Science Degree
This remarkable degree is intended to allow students to engage in a personal, academic and professional training program, which will lead to a degree. The particular major comprises correlated work in two or more areas and should provide integrated instruction comparable in level and depth to the standard major programs.
This isn’t meant to bypass graduation requirements. Candidates must be approved by the Vice President of Academic Affairs or a designated official before starting the academic year.
Baccalaureate Degrees Requirements
The Bachelor of Science degree requires completion of a baccalaureate prerequisite. Most students have combined units at majors in general education and electives to complete their baccalaureate program requirements.
The requirement is fulfilled when the student completes a course in a specific subject. You submit an incoming student application when you pay your registration fees online. Undergraduate degree evaluations are conducted, and you will complete a course lasting between three to six years.
Residence Requirements
Applicants must complete 30 units at the baccalaureate degree level to obtain a degree. Twenty-one units are to be acquired from upper-division courses, and 12 are for majors, and 9 units for general education. The residency requirements for graduate programs are 22 units.
Most schools have residency requirements for baccalaureate degrees that specify that the student must earn 30 units at the campus granting the degree.
Double (Concurrent) Major Degree Requirements
Undergraduate students may wish to take on multiple majors while completing their baccalaureates (e.g.: grading in a double major). All the necessary qualifications must be fulfilled. Students who are completing an undergraduate degree are expected to indicate the degree they want.
Two majors in the same baccalaureate program are not separate baccalauréates. Only 1 degree is awarded. A fee can be applied for a degree in any major, regardless of their major.
Certificates
Many students desire to study other subjects that can’t be covered within traditional degree programs to increase their skills in the profession, gain experience with paraprofessionals, change careers, and increase personal enrichment.
A Baccalaureate degree or Master, or two baccalaureates or a second major may make them unsuitable, but it may be worth their efforts.
Graduation
Students who are planning on completing a bachelor’s Degree in a year should file an online application with Undergraduate Degree Assessments. The Department for Graduate Research is currently processing graduate student applications. For information about deadlines for submissions, see the Semester Calendar.
If a student cannot apply within the deadline, the award is void. Undergraduate degrees evaluation reviews applicants and informs them of eligibility to obtain their bachelor’s degrees.
How the Herman Legal Group Can Help
Are you having trouble navigating the positions and education requirements for a H 1B? You are not alone.
Contact the Herman Legal Group,. We are an award-winning immigration law firm, founded in 1995, and experienced in all areas of immigration: family, employment, investor, deportation defense, citizenship.
Schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, WhatsApp, facetime, or in-office
The Herman Legal Group respects your valuable time and resources, and we will not conduct a one-hour consultation unless they believe they can provide critical information and hopefully a path to immigration success.
