The H-1B category is limited to foreigners who come to the United States to perform some specialized work or to work as fashion models with outstanding merits and abilities.

It is also essential to hold a bachelor’s degree or a higher academic degree at least, and through documents, to prove that you have experience in the equivalent specialty of that career or profession.

Professionals who can apply for this visa are: Engineers, accountants, lawyers as foreign law consultants, scientists, librarians, psychologists, financial analysts, system analysts, architects, tutors/teachers, journalists/editors, writers of technical publications and management consultants.


There are two forms of procedure: the American Employer, which is any person, firm, corporation, contractor or organization that has a tax identification number; and the Procedure for Labor Condition Application.

It is very important that the employer attests how much he or she will pay the H-1B employees. This is called “required prevailing wage rate” or market salary.

Four alternatives to meet the requirements of the H-1B:

  • The foreigner has a university degree in the United States.
  • The foreigner has a foreign university degree, which should be equivalent to an American bachelor’s degree.
  • The foreigner has an unrestricted state license certificate or registration that authorizes the complete and immediate practice of the specialized occupation in the state where he or she wants to be employed.
  • The foreigner’s education (specialized training or experience) is equivalent to the training achieved through a college degree.