US IMMIGRATION

Requirements of the H-1B Visa

• Your U.S. employer must file a Labor Condition Application (LCA). This LCA is filed with the Department of Labor. Your employer should attest a few things in the LCA such as paying you at or above the prevailing wage for the position you will hold.

• The U.S. employer needs to post the LCA. The employer also has to include the LCA and other documentation in a public access file within 24 hours after filing.

• Once the LCA is posted, your employer should file an H-1B visa petition with USCIS. The petition should show that the post is a professional and your credentials and the position offered has a close relation.

Now, facts related to the LCA (Labor Condition Application)

• The employer submits the Labor Condition Application (LCA) to the Department of Labor (DOL). It is submitted online.
• The employer needs to attest a few things on the LCA
         – The hiring will not adversely affect the working conditions of U.S. workers
         – Presently no strike or lockout is going on in the company
         – You, the new hire, will be paid equal or higher of the prevailing wage
         – All employees have been provided with the notice about the job
• The approved LCA should be filed along with the H-1B petition

To qualify for an H-1B visa, you need a degree in the specialized field or equivalent experience in lieu of the degree. As people from different countries apply for H-1B, so their educational qualifications do not match with the US education. So, all the applicants who have earned a degree in their respective countries need an educational evaluation for their education.

Educational Evaluation
• The educational evaluation proves equivalency of the applicant’s degree to a US degree
• Your experience is also used to establish equivalency. For every three years of relevant professional experience you get equivalent one year of university education. (So, if you have 6 years of experience in the relevant fields then you get 2 years added to your education.

Example:

Vijay works in a Mechanical Engineering firm and he is pursuing his degree simultaneously. He has completed second year of his degree program. Now as he does not hold a degree, he is not eligible for an H-1B. But now while evaluating his education, evaluators will look at his experience. Vijay has already completed 3 years in a relevant job. So these three years gives him additional 1 year of education equivalency which means now he has three years of education after his 10+2 ( 2 years of degree program + 1 year equivalent education in lieu of 3 years of experience). Now he is eligible for an H-1B.