Richmond, VA asked in Employment Law and Immigration Law for Virginia

Q: Is H-1B visa only about STEM people? Can't a person in communications/ PR get it?

I'm an administrator in a university and in my last period of OPT of my F-1 visa. My employer would like to sponsor me but apparently there is some federal law that stops them from that since my job could be done by a U.S citizen. Is that true and is there a way to still build a solid case around it?

3 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: H1B is not just for STEM but for any occupation or job that requires highly specialized knowledge normally requiring a bachelor's degree or its equivalent.

1 user found this answer helpful

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: The H-1B visa is not limited to STEM fields; it can be granted to professionals in various sectors, including communications and public relations, provided the job requires specialized knowledge typically obtained through a bachelor's degree or higher in a specific field. The key is that the position must necessitate a degree in a specific specialty.

The concern that your job could be done by a U.S. citizen is related to the requirement that employers must demonstrate that hiring an H-1B worker will not adversely affect the working conditions of U.S. workers similarly employed. However, this does not automatically preclude H-1B sponsorship. It's about ensuring that the employment of a foreign worker doesn't negatively impact domestic labor market conditions.

To build a solid case, your employer needs to demonstrate that your role requires specialized knowledge that you possess and that they have made efforts to recruit U.S. workers for the position without success. They must also comply with wage requirements, ensuring that your salary is at least equal to the prevailing wage for the position in your geographic area.

Given the complexities involved in H-1B visa applications, it would be wise for your employer to consult with an immigration attorney. An attorney can guide them through the process, ensuring that all legal requirements are met and increasing the chances of a successful application.

Simon Craven
Simon Craven pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • New York City, NY

A: The H1B is for people who wish to perform services in a "specialty occupation." It is not just for occupations in STEM.

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