Immigration law attorney, I want to know the application conditions and required documents for the H-1B specialty occupation work visa.

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While running my store recently, one person has been repeatedly visiting and making a disturbance. They also say unpleasant things to customers, which is disrupting my business. I've politely asked them to stop several times, but they don't change, and have even blocked the entrance or prevented customers from coming in. Sales have dropped and the stress is severe — can I file a complaint for business obstruction? What punishment will they receive if I file?

immigration law attorney

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作者: 김국일

Hello. This is the immigration law attorney of Daeryun Law Firm (LLC).

The H-1B specialty occupation work visa, in principle, requires a bachelor's degree or higher directly related to the work, or equivalent qualifications.

First, you must receive a job offer for a specialty occupation from an H-1B sponsor employer in the United States, and prove that a bachelor's degree or higher and corresponding expertise are required to perform the job.

However, even if you do not have a related major degree, you can exceptionally be recognized through career experience. 3 years of related practical experience is converted to 1 year of education for evaluation.

For example, if a holder of an associate's degree has 6 years or more of practical experience in the relevant field, they can meet the H-1B application requirements.

Regarding required documents, in addition to the applicant's personal documents, the employer must submit a Labor Condition Application (LCA) regarding employment conditions to the U.S. Department of Labor.

The applicant must prepare a passport copy, visa photo, English graduation certificate and transcript after bachelor's degree, employment certificate, career certificate, qualification certificates and other career proof documents, income amount certificate, basic certificate, family relations certificate, marriage relations certificate and other basic identity verification documents. Specific additional documents need to be guided through immigration law attorney or expert consultation depending on individual circumstances.

For details, please check through consultation with an immigration law attorney.