Increasing Approval Rate for H1B

Posted on 三月 09, 2008 by Warren Wen | Category: Immigration

How to Increase the Rate of Approval for Your H-1B Application

In the previous article, we mentioned that the situation is tough this year for H-1B applicants.  H-1B applicants must pay much more attention to the preparation process in order to increase their chance of successfully receiving their H-1B visa.  Below we will take a look at a couple of items that H-1B applicants must pay special attention to.

Generally speaking, the H-1B category is designed for alien specialists who have obtained at least a bachelor’s degree.  However, this is not the only requirement for an H-1B application.  The USCIS also has certain requirements on the position offered by the employer in relation to the H-1B application.

First, let’s discuss the alien’s educational requirement.  Many readers have asked questions regarding the degree.  Many have asked, “I got my degree in my home country, and I don’t have a US degree.  Do I still qualify for the H-1B application?”  According to USCIS regulations, it requires that all bachelor’s degrees obtained outside the United States be certified by a specialized credential evaluation center to evaluate whether this degree is equivalent to a degree from the US.  However, if an H-1B beneficiary does not have a bachelor’s degree, he/she needs at least substantial on-the-job experience that is equivalent to a bachelor’s degree.  That is to say, certain work experiences can be equivalent to a bachelor’s degree.  Normally, three years of experience is equivalent to one year of academic study in a college or university.

Secondly, for an H-1B application, the position offered by the employer needs to relate to the educational or job experience background of the applicant.  That is to say, the applicant must have professional knowledge both in theory and practice.  The H-1B application not only requires a minimum of a bachelor’s degree, but the petitioner is also required to prove that the education is required for the position offered.  For example, it is common that positions in marketing analysis or accounting areas need people to have a bachelor’s degree in economics.  If the specific education is not required for the position offered, the petition may be questioned by the USCIS.

In closing, people who want to file H-1B applications must evaluate their own situation and the position their employer is offering in order to avoid getting their H-1B application rejected because of inconsistence of the position and educational background, even if you have a qualified employer.

This article is only for your reference. Please do not apply mechanically to any exact cases. You are welcome to consult our attorneys at Liu & Associates, P.C. For contact information, please click here.