Legal Question in Immigration Law in New York

h1b visa

Please advise if it possible for following person to apply for h1B visa or not...

The person has completed 10th and then Diploma in commercial practice and then bachelore of commerce....and has worked in india for some bank for 4 years..

my sincere thanks in advance...


Asked on 1/18/09, 2:00 pm

1 Answer from Attorneys

Douglas Lightman Lightman Law Firm LLC

Re: h1b visa

The H-1B classification is available for foreign individuals to work in the US in specialty occupations. A specialty occupation requires a US Bachelor�s degree or equivalent as the entry level requirement. With that said, the job needs to require an individual with a US bachelor's degree or equivalent and the foreign individual must have a US bachelor's degree or equivalent.

US bacehlor's degrees are usually equivalent to 16 years of schooling - 12 years for high school and 4 for college. If trying to make equivalent foreign education to a US bachelor's degree, the foreign individual should also have 16 years of total schooling.

However, if the foreign individual does not meet the equivalency with the 16 year schooling alone, you can possibly substitute 3 years of work experience for each year of missing college education. An accreditation evaluation will be needed regardless of the situation.

I strongly advise seeking the assistance of an immigration attorney with this matter. Please contact me if you have additional questions or visit my site at www.lightmanlawfirm.com. Thanks.

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Answered on 1/18/09, 2:18 pm


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