Today H-1B Criteria and Application Not Same As In Past

h1b visa

The field of U.S. Immigration today is vastly different than that of the past. By this, I mean: how we prepare our cases and prepare our clients. According to the Immigration and Nationality Act of 1952, the H-1B visa is a Non-Immigrant Visa created for those individuals seeking to enter the U.S. as professionals in specialty occupation positions.

In seeking to meet the criteria for this visa, the professional must have acquired at minimum a bachelor’s degree in the field and/or have the years of experience deemed to be equivalent to the completion of a degree. In the era of practising U.S. immigration today, what was previously approved H-1B cases from major IT companies, for example, have become complex cases which the United States Citizenship and Immigration Service (USCIS) has been issuing Request for Evidences (RFEs) on such talented, educated and extremely skilled workers. What we are finding today in the field, across H-1B Change of Employer cases that are being fielded, is that USCIS is challenging previously approved H-1B holders.

By this I am saying, just a few years ago, due to the transferable nature of the H-1B, an H-1B holder could change employers easily. Now, this has become a very intense and complex process. Rather than being a simple process of submitting detailed documentation about the company filing the H-1B Change of Employer petition and detailed information about the professional themselves: educational and training background, USCIS is issuing RFEs that appear in part to mirror some of the requirements for   L1B (Specialized Knowledge) RFEs. It is shocking in the field today to see RFEs use specialized knowledge language and ask for documents that mirror such.  In this case, we are and we must prepare our cases in such a manner that we are providing a surplus of information about one’s education, background, skills and obtain endless support from colleagues, industry professionals/ experts, and research to show such.


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