Once you’ve secured your H1B job with an employer willing to sponsor your visa, there are three big steps on the process to getting your visa approved.
First, your employer will submit a Labor Condition Application to the Department of Labor to ensure that your working conditions and wages are up to standard. Second, they will submit an I-129 petition to the Department of Homeland security. This not only reinforces that your working conditions will be up to labor standards, but also determines whether or not your job qualifies as an H1B job. H1B jobs are specialty occupations requiring the employee to have a US bachelor’s degree or it’s equivalent or higher. Included in this petition will be your diplomas and credential evaluations if your degree is from outside of the US.
Finally, you will then submit your H1B package. This will include documentation about your job, your employer, and your education. In this step you need to prove that you are qualified for your specialty occupation. In this package you will also need to provide diplomas, transcripts and credential evaluations to prove US equivalence.
These three steps are set up to ensure that you will be protected as an employee with labor rights. It is also to weed out inconsistencies in the various applications. A surefire way to NOT get your visa is to have inconsistencies amongst these applications. Be sure to ALWAYS triple-check your work and don’t forget to include an evaluation of your foreign education. Remember, you can’t get your H1B visa if you cannot prove you are qualified to work your specialty occupation. The only way to do this is to make the value of your education impeccably clear in your petitions.
This article was written by Rebecca Little