H-1B Visa

The H-1B non-immigrant visa category grants foreign nationals access to work in the United States temporarily. The foreign national must work in a “specialty occupation,” which is defined as an occupation that requires theoretical and technical expertise in in-demand fields such as STEM, accounting, and architecture.

H-1B Visa Challenges

Third Party Placement

The evidence that the sponsoring employer provides may consist of a service agreement, statement of work, purchase order, or letter from the customer. Service agreements, statements of work, and purchase orders often lack the detail required by the USCIS. As a result, a letter from the customer on letterhead addressing the above items is often the best evidence to submit to the government. It is often a challenge to obtain such documentation, let alone documentation with the level of detail required by the USCIS. This challenge may be compounded, if there are vendors between the sponsoring employer and the ultimate end customer.

Posting Labor Certification Application Filing Notifications

The DOL’s regulations require workers in the same occupation at the same work location where the H-1B work is to be performed to receive notice of the filing of the LCA. Many sponsoring employers often face a challenge to have this notice posted properly at a third party (i.e., customer) location.

Specialty Occupation Requirements

In order to qualify for the H-1B category, the position must qualify as a specialty occupation that requires a Bachelor’s Degree to perform the duties for the position. The foreign national must have a Bachelor’s Degree in a field related to the position. If the foreign national needs to use experience, combined with their education, in order to show the government that the foreign national has a Bachelor’s Degree in a field related to the position, this is often a challenge, depending on the amount of experience the foreign national needs to use, and the type of educational background the foreign national has.

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