LEGAL GUIDE
Written by attorney C. C. Abbott | Nov 6, 2011

Education requirements for the H1B Visa

The H1B Visa Program has been created by the Us Government to fill a gap resulting in there not being sufficient domestic workers available to meet the need for specialty occupations. The determination of if an alien qualifies for the H-1B visa is based on the USCIS examining the education background of the alien applicant.

The process involves the alien providing evidence that the education background is sufficient to meet the H1B requirement. If the alien has received a degree outside of the United States, the applicant has to include an education credential evaluation that was completed by a qualified company recognized by USCIS. This is done to prevent unknown companies proving evaluations that are not standardized or even based on fraud.

The education credential evaluation requires a review of the degree(s) and background of the alien wishing to obtain the H1B visa. The alien has to provide evidence that she or he holds a 4 year bachelor or higher degree that is equivalent to a US accredited degree. This degree can be from a US accredited institution. If the degree received from the non US educational institution is for 3 years of study, the alien can submit evidence that the alien worked for at least 3 years in the field that can be counted as one year of education. It is also essential that the alien show that she or he meets any license or regulatory requirement to be able to contact that type of work in the State where the H1B work is located.

It is always advisable to contact an experienced immigration attorney who can examine the education and employment history of the alien and provide a legal opinion as to what immigration benefits, including the H1B visa, the alien qualifies for under current immigration law.

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