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Filed: Timeline
Posted

I'm a graphic designer, I have over 12 years of work experience in design.

I studied in France, I didn't go to High school but have 3 years of Vocational school in Design and Multimedia (full time), it is really usual in France to choose the vocational school path.

The last school got me a certificate, this class was for professional in design or people with a degree, I entered the class using my work experience, I found document online in french saying that this formation give me studies level 2, which is degree or 1 year before degree I can't figure.

My lawyer told me that my case is tricky and that it could be difficult to secure the H1B.

I found online that 12 years of work experience would qualify for the H1B, is that right?

What do you think? Any advice??

Posted

I'm a graphic designer, I have over 12 years of work experience in design.

I studied in France, I didn't go to High school but have 3 years of Vocational school in Design and Multimedia (full time), it is really usual in France to choose the vocational school path.

The last school got me a certificate, this class was for professional in design or people with a degree, I entered the class using my work experience, I found document online in french saying that this formation give me studies level 2, which is degree or 1 year before degree I can't figure.

My lawyer told me that my case is tricky and that it could be difficult to secure the H1B.

I found online that 12 years of work experience would qualify for the H1B, is that right?

What do you think? Any advice??

In order to secure a H1B visa you do not need a college degree or certificate. You need a US employer who is willing to sponsor you and hire you based on your professional skills, talent, and/or experience. I know this because my father came to the US under an H1B visa and he did not have a college degree. He did, however, have decades of experience as a computer programmer and knew the latest programming languages and proved to the American company that hired him that he was a professional in his field. Best wishes as you continue your visa journey.

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Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

In order to secure a H1B visa you do not need a college degree or certificate. You need a US employer who is willing to sponsor you and hire you based on your professional skills, talent, and/or experience. I know this because my father came to the US under an H1B visa and he did not have a college degree. He did, however, have decades of experience as a computer programmer and knew the latest programming languages and proved to the American company that hired him that he was a professional in his field. Best wishes as you continue your visa journey.

I would not agree with the above response. You do need a degree from recognized school Bach, Masters, PHD do help in getting a H1B. Also H1B is for the prof whose skillset is not available easily in US.

So the company who is willing to sponsor you will have to show why you are better over any on non-employeed US citizen. Their lawyer will have to show to USCIS that what you can do no one else in US can do that and with no degrees it would be hard to prove that.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Without a job offer none of this matters.

So first step first.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted
Their lawyer will have to show to USCIS that what you can do no one else in US can do that and with no degrees it would be hard to prove that.

I disagree. With certain fields, especially creative fields such as graphic design, portfolios and work experience are often much more valued by employers than a formal degree. If you can prove your capability, even though you don't have a formal degree, you should be good!

Filed: Other Country: Russia
Timeline
Posted

So the company who is willing to sponsor you will have to show why you are better over any on non-employeed US citizen. Their lawyer will have to show to USCIS that what you can do no one else in US can do

They don't have to show either of those things. In fact, one of the biggest criticisms made by opponents of the H-1B is that foreign workers are being hired in areas that are not experiencing a shortage of workers.

What you have posted above is similar to what is required for the labor certification process when applying for an employment based green card while on an H-1B. It is not part of the labor condition application for the H-1B itself.

QCjgyJZ.jpg

Filed: K-1 Visa Country: Wales
Timeline
Posted

As an aside they do for the H2B

But that is a very different category.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

They don't have to show either of those things. In fact, one of the biggest criticisms made by opponents of the H-1B is that foreign workers are being hired in areas that are not experiencing a shortage of workers.

What you have posted above is similar to what is required for the labor certification process when applying for an employment based green card while on an H-1B. It is not part of the labor condition application for the H-1B itself.

It is required by labor certification, but that has been the case with H1 too, lately when one files for H1B, I have heard of USCIS officer pulling similar resumes from same geographical location and asking employeer why the Americans could not be hired.

With high number of unemployement for any employer to say that they cannot find ppl was no longer true.

Filed: K-1 Visa Country: Wales
Timeline
Posted

I suppose they can ask what they want, but I am sure the Company Lawyer would quickly point out it is not relevant.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

The U.S. Department of Labor (DOL) is responsible for ensuring that foreign workers do not displace or adversely affect wages or working conditions of U.S. workers.

While an employer is not required to advertise the position before hiring an H-1B non-immigrant pursuant to the H-1B visa approval, the employer is required to notify the employee representative about the LCA (Labor Condition Application) or if there is no such representation then the employer is required to publish that LCA at the workplace and the employer's office.[11][12]

The approval process for these applications are based on employer attestations and documentary evidence submitted. The employer is advised of their liability if they are replacing a US worker.

This is the part of LCA - which is kinda new from what it used to be.

Filed: K-1 Visa Country: Wales
Timeline
Posted

So they have to put a note on the notice board.

Not quite the same as a H2 for example.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Other Country: Russia
Timeline
Posted

The U.S. Department of Labor (DOL) is responsible for ensuring that foreign workers do not displace or adversely affect wages or working conditions of U.S. workers.

While an employer is not required to advertise the position before hiring an H-1B non-immigrant pursuant to the H-1B visa approval, the employer is required to notify the employee representative about the LCA (Labor Condition Application) or if there is no such representation then the employer is required to publish that LCA at the workplace and the employer's office.[11][12]

The approval process for these applications are based on employer attestations and documentary evidence submitted. The employer is advised of their liability if they are replacing a US worker.

This is the part of LCA - which is kinda new from what it used to be.

Yes but you stated that the employer must show that the H-1B applicant must be "better than any non-employed US citizen". And that the H-1B applicant must "do something no one else in US can do". That is not a requirement for the H-1B. If it was, very few people would get one.

QCjgyJZ.jpg

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

Yes but you stated that the employer must show that the H-1B applicant must be "better than any non-employed US citizen". And that the H-1B applicant must "do something no one else in US can do". That is not a requirement for the H-1B. If it was, very few people would get one.

When I meant something no one in US can do - is like you have to be doing some specialized skill, is painting a car considered specialized skill for which US has high demand. I dont know but if you are a scientist or engineer or doctor is there a high deman yes and there are not enough people who can do those jobs.

 
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