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Frequently asked questions
H-1B Visa
Student and Work Authorization
General
Setting up FAQs
• You must hold a bachelor's degree (or equivalent) in the specialty occupation for which the H-1B visa is sought.
• The job you are applying for must be a "specialty occupation," which requires theoretical and practical application of a body of specialized knowledge.
• You must have a job offer from a U.S. employer willing to sponsor your visa petition.
• The employer must demonstrate that they have made a good faith effort to recruit U.S. workers for the position and that hiring a foreign worker will not adversely affect U.S. workers' wages and working conditions.
• The U.S. employer sponsoring you will file a petition (Form I-129) with U.S. Citizenship and Immigration Services (USCIS).
• The petition will include documentation of your qualifications, the job offer, and the labor condition application (LCA) attesting to the wage and working conditions.
• There is an annual cap on the number of H-1B visas issued (with exemptions for certain employers). Selected applicants are chosen by a lottery system.
• The employer must comply with labor certification requirements, including paying the prevailing wage and documenting recruitment efforts.
• There are fees associated with filing the H-1B petition.
• The employer-employee relationship is strict. The H-1B worker cannot work for any other employer without a new visa petition.
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