Q: If a job I am being hired for has an Associates or Bachelors degree requirement can I be sponsored for H1b?
I am a CT Technologist and I have a Bachelors degree in my field of study. My employers lawyers say I may not be eligible because the hospital has hired others in my same position and they only have an Associates degree.
A: The job must normally require/must be the industry standard to require a bachelor's degree to qualify for H1B. If the employer hired employees who didn't have a bachelor's degree then it would be difficult to establish eligibility
A:
If a job typically requires a bachelor’s degree but your employer has hired others with only an associate degree, it could affect your H-1B eligibility. The H-1B visa is for positions that require a specific level of education, and immigration authorities look at industry standards as well as the employer’s hiring practices. If the hospital has consistently hired candidates with lower qualifications, the position may not be considered a bachelor’s-level role.
Your bachelor's degree is valuable, but the key issue is whether the job itself legally requires that level of education. If the hospital can show that a bachelor’s degree is truly necessary—perhaps by providing evidence of changing standards, accreditation requirements, or job complexity—it might strengthen your case. Otherwise, USCIS may determine that an associate degree is the true minimum requirement, making H-1B approval more difficult.
It may be worth discussing alternative strategies with your employer’s legal team. Sometimes, job descriptions can be adjusted to better reflect the increasing complexity of healthcare roles. If this position does not qualify, other visa options might be available depending on your background and long-term goals.
Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.