In order to qualify for an H1B visa, the alien(H1b aspirant) must demonstrate that she/he is able to work in the "speciality occupation" category for which they are being hired by the sponsoring employer. The regulations define a "specialty occupation" as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including but not limited to architecture, engineering, mathematics, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum.
Eligibility Requirements
In order to meet H1b eligibility, US Immigration regulations state that all Foreign applicants must meet the minimum qualification/work experience requirements to be eligible for H1B visa. The Current Requirements and Eligibilty to Qualify for an H1B work visa are: * Note : Only ONE of the following is required to qualify:
- Education:
A Bachelor’s degree, or a higher level degree (i.e Masters).
The degree can be from studies in the United States, or from a Country outside the United States The degree must be from an real/accredited University or College The degree must be at least a four year degree. - Work Experience:
At least 12 years progressive work experience in their occupation - Education + Work Experience:
A combination of further education (e.g Diploma) + work experience to make a total 12 years. - Eligibility Test
The 12 Point System
The US Immigration utilizes a 12 point system to determine if an applicant qualifies or not. To be eligible, each applicant need to score minimum 12 points based on the 12 Point system. The chart below will demonstrate the 12 Point system.
Education/Work Experience
Points
1 year of Higher Education (at a University/College)
3 points
1 year of professional work experience
1 point
Examples:
- A 4 year Bachelors or higher level degree = 12 points
- A 2 year degree or diploma (6 points) + 6 years work experience = (6+6) 12 points
- no degree + 12 years work experience = (0+12) 12 points
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