A U.S. sponsor with a U.S. Tax ID number may petition for an H-1B professional worker if the sponsor has available a specialty position (See selection on specialty occupations below) as defined under INA §214(i)(1), 8 U.S.C. §1184(i)(1), 8 C.F.R. §214.2(h)(4)(ii), requiring the:
- Theoretical and practical application of a body of highly specialized knowledge and
- Attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
This degree requirement, or its equivalent, must be common to the industry in parallel positions among similar organizations. The sponsor must agree to and abide by H-1B and LCA attestations regarding the employment of an H-1B Non-Immigrant Worker, including, but not limited to:
- The employer must agree to pay the ‘prevailing wage’ – the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question, or the prevailing wage level for the occupational classification in the area of employment. (Effective March 8, 2005, the employer is required to pay 100 percent of the prevailing wage.)
- Providing working conditions for the applicant that will not adversely affect other workers similarly employed.
- Attesting that there is no strike or lockout in occupational classification at the place of employment.
- Attesting that it has provided notice of the filing to the bargaining representative (if any) of the employer's employees in the occupational classification and area for which aliens are sought, or if there is no such bargaining representative, has provided notice of filing in occupational classification through such methods as physical posting in conspicuous locations at the place of employment or electronic notification to employees in the occupational classification for which H-1B nonimmigrants are sought. (See selection on public disclosure record below)