San Francisco, CA immigration attorney Mary Jane Weaver discusses the basic requirements for H-1B status. She explains that the H-1B visa is considered the primary professional temporary work visa available to individuals who have obtained a college degree or its equivalent. To obtain an H-1B visa, you need an employer who is willing to sponsor you. The employer must meet specific requirements, including the commitment to pay the prevailing wage for the offered position, the position being located in the United States, and the employer being a U.S.-based entity. From the perspective of the foreign national, their degree must be in a field that is related to the position they are seeking. This is referred to as a specialty occupation, meaning that the individual must have formal education that directly aligns with the nature of the work to be performed. There needs to be a clear connection, or nexus, between the degree and the work requirements.

One of the significant challenges with H-1B visas is demonstrating to the government, which may not always have a complete understanding of the specific occupation or its demands, that the foreign national’s degree is indeed necessary to perform the job. This can be a complex task, but it is crucial to establish the requirement of the foreign national’s degree in order to meet the H-1B visa criteria.