H-1B Eligibility Criteria and Required Documents

For many of you, it could be a rocky journey to obtain a H-1B visa. I think there are three hoops to jump through: 1) receive a job offer from a H-1B sponsoring company 2) be selected from the H-1B selection process (unless you are exempt from the H-1B cap. See this article (link) 3) submit all documents to get approved. Each of these three steps should be taken carefully, and sometimes you may need to count on good luck. If you have only one last step ahead, congratulations! You're close to the finish line, but you should stay focused and prepare required documents for review. The last article of the H-1B series discusses who qualifies for applying for the H-1B visa and what kind of documents are required to submit. Lastly, check out how to track a H-1B application you just filed with a powerful tool.

H-1B Visa Requirements

The beneficiary (employee) of H-1B visa applications must meet at least one of the following requirements:

Hold a bachelor's degree (or higher) in the same field as their "specialty occupation" from an accredited university. USCIS defines “Specialty occupation” as a job with responsibilities that are so specialized that 1) they require expert knowledge from a specific field of study and 2) only a person with, at least, a Bachelor’s degree in an academic field relating directly to the work at hand could perform them.
- Fields may include (but are not limited to) the following.
  - accountancy
  - architecture
  - arts
  - computer programming
  - education
  - engineering
  - international business management
  - journalism
  - law
  - mathematics
  - medicine / health
  - modeling
  - nursing
  - research
  - sciences
  - social sciences
  - theology
Hold a foreign degree equivalent to a bachelor's degree or higher in the same field as the specialty occupation.
Hold an unrestricted state license registration or certification in the specialty occupation field in the intended state of employment.
Have verifiable and recognized education, experience, or training in the specialty equivalent to a bachelor's degree or higher.

Documents Required for H-1B Visa

USCIS also requires you (beneficiary) and your employer (petitioner) to file documents for H-1B application:

I-129 Petition
Approved Labor Condition Application
Supporting evidence, including
- Copy of resume
- Copy of job offer including job description
- Proof of your degree
- Other evidence that may be particular to your case
You are also asked to submit supplementary documents as below:
A copy of the passport
Proof of prior employment (if applicable)
Proof of existing certifications or accomplishments (if applicable)
Letter from registrar to certify completion of educational credits
A copy of educational or technical degrees
A copy of transcripts
Letter from the present employer

For more information, go to this link.

How to Track Your USCIS and NVC Case

The regular processing time of your H-1B visa application is roughly between 3 months and 1 year. However, as the Covid-19 pandemic has caused the processing time to be less predictable and more volatile, people are having a hard time to predict the approval date of their applications accurately.

Lawfully came up with a ground-breaking solution to help all immigrants and non-immigrants learn what is going on with their applications. That is why Lawfully has launched the USCIS Case Tracker. Since then, we have tirelessly improved its features with a firm commitment to immigration equality.

With a very small fraction of cost and time it would have taken to struggle with immigration attorneys and USCIS, give yourself 3 minutes to fill in the information about your application. BOOM! You can check your case status along with an expected processing time and compare yours with other similar cases at your fingertips. No need to check in on the USCIS website anymore. Lawfully will deliver updates on your case status in real-time. And don't miss the new feature of NVC case tracking in order to embrace visa applicants outside the U.S.

If you want to get more insights from a certain visa type, try Case Analysis Pro, and among other features, see your ranking among others who registered their cases so that you get a sense of where you stand.

Download Lawfully Case Tracker now and stay up to date!

Related Information

H-1B Lottery Explained

Learn how USCICS set the annual cap of H-1B visa and how to track your case with USCIS case tracker

H-1B Cap Explained

Change Status from H-1B Visa to Marriage-Based Green Card