Specific requirements can be found by visiting USCIS.gov. It will leave you with a lot of questions. Often, many more than you have had before the visit. However, it does list the specific requirements.
Alternative would be seeking a consultation with an immigration attorney and going over this process in a detailed and fact-specific manner. I hope your company can afford the consultation because if it cannot, it will be very unlikely that it would be able to bring anyone in on H1B visa.
Here are the requirements and pre-requisites for filing an approvable H-1B petition:
1. The job offer must be for a "professional" position, one whose job duties are so complex that they require someone with at least a Bachelor's university degree to perform them;
2. The diploma/degree of the foreign national beneficiary must be in the same field as the job offered.
3. The employer must be willing to pay the "prevailing wage" as determined by DOL for the position.
4. while the job can be either a full or part time position, the foreign national employee must be on the EMPLOYER'S official payroll, no 1099s allowed.
These are the requirements in a nutshell. Often the battle" with USCIS centers around whether the job duties are really "professional" and truly necessitate someone with a university degree, and also whether the employer can "justify" such a position.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
J Charles Ferrari
Eng & Nishimura
The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.