Fighting For My Rights

As a business owner in the United States, you may be looking to fill a specialty position within your company and have struggled to find a local candidate. If you have identified a potential candidate in another country who is willing to relocate, you'll have to begin the H1B visa process in order to bring that individual to the country. Your company will become the candidate's visa sponsor and will be legally required to abide by those regulations. Here's a look at some things you might encounter during the application review process.

Proving The Position Is A Specialty

One of the conditions of H1B visa approval is that the position in question must be a specialty position that requires a Bachelor's-level education or higher. Sometimes, during the application review process, you are asked to prove that the position is, in fact, a specialty position. 

There are a few ways that you can prove this. First, if you can show similar positions within other companies in your industry, and if those positions all require at least a Bachelor's degree, that is often sufficient documentation.

Alternatively, you can detail the requirements and educational reasoning required for the job to show that it can only be performed by someone with that level of education simply due to the complexity of the position.

Proving That You Need An International Candidate

Before an H1B visa will be approved, you'll also have to prove that this international candidate is the best person for the position. You'll have to show that you made a good faith effort to find a local candidate and justify why this individual is a better fit for the job than any of the other candidates that you considered. 

Proving The Candidate's Qualifications

Once you have justified the position and the fact that you need an international candidate, you may then have to prove that the candidate in question does actually have the qualifications in question. You will need to document their education, work experience, and any other information that was relevant to your selection as a candidate. The more information you can provide to show why this individual is the best fit for your position, the better the chances are that you'll have the visa application approved.

Talk with an H1B visa attorney if you've been asked to provide any of this evidence for your application or if you have other questions. An attorney can help you navigate the process and help you seek the approval that you need. Contact an H1B visa lawyer for more information.