Background
The H-1B visa is a non-immigrant visa category that allows U.S. employers to hire foreign workers in specialty occupations and is highly popular among employers in industries such as technology, engineering, science, and finance.
To qualify for an H-1B visa, the foreign worker must have a job offer from a U.S. employer that requires specialized knowledge and a bachelor’s degree or higher in a specific field. The employer must file a petition with the USCIS on behalf of the employee, demonstrating the need for their skills and expertise. The number of available H-1B visas is subject to an annual cap set by the U.S. Congress, which has led to intense competition among employers and foreign workers.
VisaNation Case Strategy
Our client was bound to start working as a Construction Project Manager at an Electrical Company. His occupation was considered a specialty occupation as the company provided 3D modeling for construction services worldwide.
To qualify under a specialty occupation, the VisaNation team proved that he met one of the required criteria:
- A higher degree than normal for the minimum requirement for entry into the specific occupation
- The degree requirement is common to the industry in parallel positions among similar organizations
- The employer normally requires a degree for the position
- The nature of the specific duties is specialized and complex it requiring knowledge to perform the duties usually associated with the attainment of a baccalaureate or higher degree
Our team’s submission to USCIS proved that our client had his baccalaureate degree in Civil Engineering and a master of Science in Management for Construction. He also had many years of experience in the professional field that qualified him to work in a specialty occupation.
In H-1B cases, if you are selected in the lottery, USCIS has accepted your application. Given that USCIS has accepted your application allows you to then file an I-129 H-1B petition. Once the petition is approved, you will attend an interview either in the U.S. Consulate or Embassy.
Verdict
Our client entered the lottery in 2022 and wasn’t selected, and then tried again in 2023 and was selected. It’s important to note that the odds of being selected in the lottery are very slim and can be very discouraging. That did not stop our team from helping this client enter the lottery again. At the end of the day, we were thrilled to see he was approved!
