Employment verification letters in connection with an H-1B visa petition.
H-1B visa based upon employment experience.
The H-1B nonimmigrant visa is for people who can prove that they are qualified for a specialty occupation that the Immigration Service will accept as one requiring a minimum of a Bachelor’s degree to do that occupation. If an individual does not have the equivalent of a US university bachelor’s degree that person may still qualify for an H-1B visa by proving professional employment experience in a field related to the occupation in which the job is being offered. There must also be a university program in the related field to the occupation for this method of proving qualifications to be successful.
What must be shown?
The Immigration Service regulations state that 3 years of employment experience are considered to be the equivalent of one year of university education. Therefore, if an individual does not have any years at university, that person must demonstrate a minimum of 12 years of employment experience since in the United States a bachelor’s degree program is considered to be a minimum of four years of university education. If the person has one or two years of education after high school and has a certificate proving completion of those studies, then it is necessary to prove only 9 or 6 years of employment experience to make up for the lacking years of university time.
How is this experience shown?
Typically, people have reference letters from prior employers concerning their employment in a particular company. Unfortunately, these letters are usually short and do not provide adequate detail (for Immigration purposes) of the actual job duties that were performed. It is necessary to have specific detailed letters describing the employment duties and the period of time in which the individual was employed. If the employer is no longer available, someone with whom the individual worked during the time s/he was employed at that company can sign the letter. We will assist with the preparation of the verification letter by providing guidelines as to what it must cover to be acceptable to the Immigration Service and an Evaluation company.
What is the Evaluation Company?
There are several private credentials evaluation services. Our office generally uses one of two evaluation services that review both higher education documents as well as employer verification letters. The Evaluation Company prepares a report to the Immigration Service indicating that the individual has achieved the equivalent of a Bachelor’s degree in a specific recognized field of study based upon more than 12 years of employment experience in the field or the combination of education and employment experience in the field. This evaluation is usually accepted by the Immigration Service and the individual will be considered as meeting the necessary qualifications for an H-1B visa.