WHAT STEPS MUST BE COMPLETED PRIOR TO FILING THE H-1B PETITION?
The process begins with determining whether an individual has an employer willing to sign the H-1B petition, and whether the individual will be performing work in a specialty occupation which requires a relevant U.S. bachelors degree or foreign equivalent, and whether the individual possesses the above qualifications. An evaluation of a foreign degree must be completed by a qualified credentials evaluator (our law firm can serve as a liaison between you and the evaluator) equating the foreign degree, if applicable, to the U.S. equivalent. Employment experience may be taken into account, and most evaluators use the formula of 3 years of professional-level employment experience equating to one year of college. Then the prevailing wage must be determined. An H-1B employer is required to pay the higher of the prevailing wage for the position in the local geographical region (what similarly situated employers pay U.S. workers for the same position), or the actual wage paid to employees at t
