The criteria for obtaining an H-1B visa require that the applicant be a foreign national with a bachelor's degree or higher from an accredited university or institution, and possess specialized knowledge or skill in a specific professional field. The employer sponsoring the applicant must demonstrate a need for the applicant's services, and the position must be a "specialty occupation" for which the degree is a minimum requirement. The employer must also offer the prevailing wage for the position to the applicant.
There are some limitations and exceptions to these criteria. For example, a master's degree or higher from an accredited institution can substitute for several years of professional experience, and certain positions in the arts, entertainment, athletics, and sciences may also qualify as "specialty occupations" even if they do not require a degree. However, the burden of proof is on the applicant and employer to show that these exceptions apply.
Further action may include consulting with an immigration attorney to ensure that the application is complete and accurate. Additionally, the H-1B visa application process can be highly competitive due to annual caps on the number of visas available, so it is important to apply as soon as possible and to have a strong application.
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