Who is eligible for the status of H-1B worker?
The H-1B worker is an alien who is coming temporarily (in non-immigrant status) to the U.S. to perform services in a “specialty occupations”. He/she is qualified through the appropriate degree, or through a combination of education and experience equivalent to that degree. The worker may be entering the USA for the first time or may already be working in the United States, but pursuing a change of employer. The alien must prove that he/she is qualified for the specialty occupation and the particular job offered. One method is to obtain a credentials evaluation of their foreign university degree, to show that it is equivalent to that of a U.S. degree. If the worker is already in the U.S. and has a valid non-immigrant visa, the H-1B visa can be extended and revalidated in the U.S. If, on the other hand, the worker is not in legal status, or resides overseas, the H-1B visa must be obtained through a U.S. Consulate.
