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Answers to some common H-1B questions or concerns

On Behalf of | Mar 10, 2023 | Employment Immigration Visas

With H-1B lottery season well under way, we thought it would be beneficial to post answers to a few common questions we have been receiving from our lottery applicants for when it comes time to submit their H-1B petitions.

What are the required education credentials?

Registrants must submit evidence of beneficiary/employee’s education credentials (typically a bachelor degree or higher).  If the degrees from a foreign country, a degree evaluation will be necessary to demonstrate that it is the equivalent of a US bachelor degree or higher.

What if the credentials are not in English?

The registrant must provide a certified English translation if the evidence is not in English.

What if the beneficiary has not received the degree yet even though all classes are complete?

If the beneficiary has met all the requirements for the degree but it has not been officially awarded, they can provide one of the following:

  • A copy of their final transcript.
  • A letter from the institution’s registrar that confirms the beneficiary has completed all the coursework and other requirements for the degree. The person in charge of records at the school or institution awarding the degree should sign the letter.

What if there is key experience to cite in the application?

If the beneficiary’s qualifications also include experience, the substantiating evidence of work experience should consist of letters from current and/or former employers. It is better if these letters are on the employer’s letterhead, featuring the signatory’s name, address, and title. It should also include a specific description of the individual’s dates of employment, job title, and duties that led to the key experience. This information must be consistent with the PERM Labor Certification if it is required.

What if the employer is out of business or unreachable?

If letters from employers are not possible, beneficiaries can include:

  • Letters from co-workers confirming the job, duties and experience.
  • Job offer letters, certifications, resignation acknowledgments, etc.
  • W2 or foreign equivalents for span claimed as employment.

 

Hopefully this will answer some of the questions our readers have.  Please feel free to reach out to us for a free case evaluation should you have more questions regarding this year’s H-1B season.