The H-1B visa is a non-immigrant visa which permits U.S. companies and employers to enlist professionals from specialty occupations overseas. With the H-1B visa, a foreign professional could work with the designated employer in the United States for a total of six years.
As usual, we predict that the H-1B requirements will remain the same as previous years. However, as you will see later on, these requirements could very well change in the upcoming years. For Employment Visa Process Visit UT Evaluators.
As of now, the requirements are as follows. You must:
1. Have a job offer from a U.S. employer for a specialty position requiring a bachelor’s degree
2. Possess at least the required bachelor’s degree
3. Not be the sole proprietor of the sponsoring company
Your employer must also be able to pay you the prevailing wage and show that hiring you is a business necessity. Additionally, even though the rules have been relaxed a bit surrounding self-employment, you still cannot self-petition.
To be able to use your own business as your H-1B employer in 2020, you will still need to set up a CEO or board of directors with the power to control your salary, duties, and employment status. For more information on H1B Visa check Thebigtrak
Your employer will also need to obtain a Labor Certification Application for you. This means that your employer must make four attestations to the Department of Labor:
1. Your employment must not have a detrimental impact on the workers currently employed.
2. The current employees must be notified of your employer’s intent to hire you.
3. You must be paid the prevailing wage as a minimum. This is a wage that is calculated based on your position and geographic location.
4. The job location must not be experiencing a lock-out or strike.
These measures are put in place to protect the current workers and to prevent employers from using foreign labor as an alternative or replacement for domestic workers. Therefore, getting an LCA should be your employer’s first step along the H-1B journey for 2020.