According to the H-1B Visa Reform Act of 2004, the first 20,000 new petitions for foreign workers with a Master's or higher level degree are subject to the H-1B Advanced Degree Exemption. It means that you have a better chance to receive an H-1B visa approval if you have a graduate level degree from your country.
H-1B non-immigrants that are employed or have received an employment offer from institutions of higher education or related or affiliated nonprofit organizations, as well as those who employed or have received an employment offer from nonprofit or governmental research organization, are exempt from the cap as provided by H-1B Employer Exemptions.
If you have completed only part of you bachelor degree program, you still might qualify if you have sufficient work experience in the same field. Immigration accept “3-to-1” rule – three years of work experience can be counted as 1 year at school. For instance, if you have completed 3 years out of 4-year degree program and you work experience is over 3 years, your education can be evaluated to the bachelor degree equivalent.
The H-1B and H-1B1 certification is valid for the period of employment indicated on the Labor Condition Application (LCA) for up to three years with a maximum continuous period of six years. Full information on extended stay possibilities is available on USCIS website.
Application for the H-1B or H-1B1 visa is submitted to the USCIS by the employer or by the lawyer on behalf of the employer. There are specific rules that should be met, such as the proof that employer was not able to find a candidate for that specific position within the United States. Full information including requirements, filing fees, and forms are available on USCIS website.
Education and work experience should match the requirements for the position you applying for. For instance, you cannot apply a position in computer science field if you have qualification and background in banking or accounting – in this case your application would be certainly denied. You have to provide credential evaluation of your education in order to proof your degree. If your educational documents are in foreign language, you should also provide certified and notarized translation of your documents.
Credential evaluations prepared by Foreign Credits, Inc. are widely accepted by the immigration, government organizations, employment agencies, military agencies for the enlistment, and many educational institutions.
USCIS does not have specific requirements to the evaluation report however immigration officer working on your case would prefer as much detail about your education as you can provide to better understand the level of your education so we highly recommend Course-by-Course evaluation if you submitting your evaluation report to the USCIS. We do additional research on every submitted application and include some notes about education system in your native country and/or more detail about the university or other higher education institution you graduated from. You can see thesample of Course-by-Course evaluation on our site.We can work directly with you, with your employer or with your lawyer.
You can contact us via email or phone if you have any questions
It is not easy way for the foreign graduates to prove their skills, knowledge and qualification in the United States. Nevertheless, if you are highly motivated and persistent, you may find that your goal was easier to achieve than you thought. Use this well known Latin proverb by Seneca the Elder, “Per aspera ad astra" (Through thorns to the stars), as your motto, and hold on hope. You really came to a free country with unlimited opportunities.