Legal Question in Immigration Law in California

H1B visa for job not requiring degree

Hello,

I have a a college and a Master's degree. I recently lost my job (I am here with an H1B visa), but now found a new one, which requires knowledge of languages and many other skills and experience that I have. However, the company was told by their lawyer that since the job description doesn't require a degree, they wouldn't be able to hire me.

Is that the case? I have a friend working for a big corporation. She got transferred and the new job description didn't require a degree, and she got her H1B renewed all the same.

Thanks.


Asked on 8/06/03, 7:22 pm

3 Answers from Attorneys
Gabriel Jack Muston & Jack P.C.

Re: H1B visa for job not requiring degree

Call me, I may be able to help you.

650.743.6296

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Answered on 8/06/03, 7:28 pm
Larry L. Doan Law Office of Larry L. Doan

Re: H1B visa for job not requiring degree

Yes, the lawyer is correct in the general case. The job has to be a job that requires at least a bachelor's degree.

Your friend's situation has something in it that makes it different but I cannot say without knowing the details. Perhaps because she is continuing with the same company, her lawyer was able to find a way of arguing that the new position normally requires a degree. Your situation is with a brand new company, and I think things are very different.

Liem Doan, Esq.

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Answered on 8/07/03, 3:03 am
Amy Ghosh Law Offices of Amy Ghosh

Re: H1B visa for job not requiring degree

There are ways to show a job requires bachelors degree which is a threshold requirement for H1 B.

Thanks,

Amy Ghosh

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Answered on 8/07/03, 12:47 pm


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