What is an H-1 visa?
The Immigration and Nationality Act, subsection 101(a)(15)(H), provides for the H-1 visa. It is a visa for highly skilled workers who come to the United States to work in a temporary capacity.Code DefinitionAn H visa is for an alien who is “coming temporarily to the United States to perform services in a specialty occupation or as a fashion model.” The specialty occupation is one for which “theoretical and practical application of a body of highly specialized knowledge” is necessary, and requires a bachelor’s degree or higher, according to the Immigration and Nationality Act.Legal RequirementsThe employer must obtain a certification of the prevailing wage for the job from the Department of Labor and pay the worker at least that wage, in order to protect the job market for U.S. citizens and permanent residents.Documentary RequirementsThe alien and sponsoring employer must document that the alien has the necessary degree or experience. Sometimes, especially for smaller companies, the Dep
