C.   Specialized workers (professionals or people with a degree or extensive knowledge and experience equal to a degree)

There are three basic requirements to qualify for the H-1B visa:

1. You have the knowledge of someone with a Bachelors degree, either through a course at a college or work experience;



2. That knowledge (degree) is the minimum knowledge necessary to do a particular job;
   
   
3. The employer will pay you the prevailing wage usually paid to such a worker.

1.           Bachelors degree

You have a degree that is equivalent to a four-year degree at a U.S. college. There are credential evaluators who will check out your qualifications and tell you whether your degree qualifies. (See section on Employment). The cost runs about $100 to check out a foreign degree, but it can be more if done on an urgent basis.

The cost of evaluating your work experience, to see if it is equal to a degree, is more expensive. The Immigration and Naturalization Service regards three years of progressive experience as being equal to one year in a college. If you are doing a job that is usually done by someone with a degree, you may qualify for this visa based on your previous work experience. Speak to an immigration attorney for more information.

2.           A degree is the minimum knowledge required to do a job

You may have a degree but the Immigration Service may not regard a degree as being necessary for the position. (Years ago, the INS did not regard a business administration degree as being necessary for any job. They claimed that it was not necessary to have a degree to manage a business because people without degrees effectively managed many businesses. With the passing of time, a degree became the minimum requirement for employers offering certain management positions. Today a business administration degree will qualify for H-1B status if the position requires that knowledge.)

3.   The prevailing wage and working conditions

The USA does not want employers hiring and paying foreign workers less than they would normally pay their US citizen employees or less than the prevailing wage for that job in the city (area) of employment.