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Q

Immigration law attorney, I would like to know the conditions for applying for an H-1B specialty occupation work visa and the documents required.

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Hello. Immigration law attorney, I am an office worker in my thirties who is preparing for an H-1B specialty occupation work visa. I have a professional job offer and want to confirm the application requirements. I would like to know whether a bachelor's degree in a related major is absolutely required, and whether, if I do not have a degree, it can be replaced by practical work experience. I would also like to know in detail the scope of the documents an individual must prepare under immigration law, such as a passport, degree certificate, and proof of career.

Immigration law attorney

A

Answer to Related Inquiry

Hello. This is an immigration law attorney at Daeryun Law LLC.

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

First, you must receive a job offer for a specialty occupation from an H-1B sponsoring employer in the United States, and you must demonstrate that performing that job requires a bachelor's degree or higher and corresponding expertise.

However, even if you do not have a degree in a related major, your qualification can exceptionally be recognized through experience, with three years of related practical experience evaluated as equivalent to one year of education.

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

As for the required documents, in addition to the applicant's personal documents, the employer must submit an application concerning the conditions of employment (LCA) to the U.S. Department of Labor.

The applicant must prepare a copy of their passport and a visa photo, an English-language graduation certificate and transcript for the bachelor's degree, career-proving documents such as a certificate of employment, a certificate of career, and certificates of qualification, a certificate of income amount, and basic identity documents such as a basic certificate, a family relation certificate, and a marriage relation certificate; specific additional documents should be guided through a consultation with an immigration law attorney or an expert according to the individual circumstances.

For details, we recommend confirming them through a consultation with an immigration law attorney.

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