What Are the Job Requirements for an H1b Visa?
1. Overview
The H1b visa is a non-immigrant work visa that U.S. employers apply for on behalf of foreign professionals. It applies to foreign employees working in a "Specialty Occupation" in the United States.
For some of the Atomeocean positions that support H1b, see the Public Job Advertisement List.
On the definition of "requirements"
For revenue and reputational purposes, USCIS welcomes anyone to pay the filing fee and apply for an H1b visa. However, based on its filing experience, Atomeocean has summarized during the adjudication process which conditions must be met, and organized these conditions into the requirements set out below.
2. Position Requirements
2.1 Specialty Occupation
- Specialization: The position generally requires at least a bachelor's degree or equivalent in a related field (or corresponding work experience).
- Relevant educational background: The applicant's education should match the specialty field of the work. For example, a software engineer typically needs a background in computer science or a related field.
2.2 Education and Experience
- Bachelor's or higher degree: For most H1b applications, at least a U.S. bachelor's degree or an equivalent foreign bachelor's degree is required.
- Experience as a substitute: If you do not hold a corresponding bachelor's degree, relevant work experience can be used as a "conversion." Generally, 3 years of relevant work experience can be treated as 1 year of college education.
2.3 Wage and Compliance
- Meeting the "Prevailing Wage": U.S. employers must pay employees a wage at or above the market level to prevent the suppression of wages in the U.S. labor market.
- Labor Condition Application (LCA): Before submitting an H1b petition to USCIS, the employer must obtain an LCA certified by the U.S. Department of Labor, confirming that the wage meets the standard.
Frequently Asked Questions (FAQ)
Can I apply for H1b for remote work?
Absolutely, but the following conditions must be met:
- The employer is still a U.S. company, with a formal business entity in the United States, and pays the employee a wage that meets the "prevailing wage" standard.
- LCA work-location description: When submitting the LCA, the actual work location or area must be listed. If the employee works remotely within the U.S., the specific location must be stated. Even for a home office, materials such as a lease agreement, property proof, and utility bills must be provided.
- Substantive employment relationship: The employer must still manage the employee's work content, ensuring the employee meets the same attendance, wage, and benefit requirements as full-time employees.
I currently live in New Jersey. If I have a job, will it also be in New Jersey?
The work location is based on the LCA address. If, when applying for H1b, you and the employer agree to work in New Jersey, then the work location on the LCA is New Jersey. So the job is also in New Jersey.
However, if the employer requires you to return to the company to work, then the work location is the company's address.
Remote work address
Even though USCIS allows remote work, it is still recommended to meet offline with other company employees at least twice a year, to guard against USCIS giving you a hard time.
I don't have a U.S. bachelor's degree. Can I apply for H1b?
If you have work experience closely related to the position (generally 3 years of experience can offset 1 year of undergraduate education), you can have a credential evaluation agency perform an "education equivalency" evaluation. Once passed, you can still meet the H1b degree requirement.
Beneficiaries holding a Chinese bachelor's degree need to provide credential authentication, usually completed by China's Ministry of Education or a domestic authentication agency. It must be translated into English—the folks at USCIS only understand English.
What are the wage requirements for an H1b position?
The U.S. Department of Labor sets a "prevailing wage" for each occupation category and region. The employer must pay an H1b employee a wage no lower than this standard.
Can I hold H1b at multiple companies at the same time?
Yes, but each employer must separately petition for and obtain approval of your H1b. This situation is also called "H1b concurrent employment."
Are there any special requirements for the major studied for an H1b position?
There are no special requirements for the major studied; you only need to prove that the beneficiary's specialized skills apply to the position. For example, computer science, engineering, finance, and medicine are all common majors for H1b applications.
4. Summary
The core requirements for an H1b position are specialization and wage compliance. As long as the position has clear requirements for education and skills, and the employer can provide a reasonable wage and a stable employment environment, there is an opportunity to successfully process the H1b. With the growing trend of remote work, as long as the employer and applicant can meet USCIS's requirements regarding work location and the employment relationship, a remote work model can also be achieved to a certain extent.
