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Last Updated On: January 3, 2024 | Published On: July 12, 2022
One of the unique advantages of the H-1B classification is the way it accommodates a wide range of professionals with varying academic backgrounds, including those without a college degree. While most professional-level jobs in the United States require a minimum of a bachelor’s degree, many individuals are working in the U.S. on an H-1B visa without a degree.
If you were wondering whether you could get the H-1B visa despite not having a bachelor’s, master’s, or doctorate degree, you can. This article provides a complete guide on how to go about your H-1B visa application process as an applicant without a degree.
The H-1B visa is a nonimmigrant category that allows organizations in the United States to employ foreign nationals in specialties that require technical or theoretical skills in different specialized visa eligibility criteria fields.
The H-1B covers a wide range of professions, such as finance, accounting, architecture, IT, science, engineering, medicine, etc. It is one of the most popular work visas in the United States, with no less than 85,000 visas issued every year. There are three subcategories for the H-1B visa:
As an applicant without a degree, you can petition under the specialty occupation or fashion model subcategories, provided you have the requirements to supplement the lack of a degree in your field. Each of these two subcategories has distinctive criteria.
H-1B: Specialty Occupation Requirements
The USCIS has provided the following four eligibility criteria, of which an eligible applicant must meet at least one:
H-1B3: Fashion Model Requirements
Going by the above criteria, it is evident that the H-1B visa is not out of reach for applicants who lack a university degree. If you are interested in the specialty occupation subcategory, you will need to use your experience in the field as a substitute for the lack of a degree. While academic qualifications remain the easiest way of determining eligibility, applicants who are able to expressly demonstrate a breadth of skills and abilities in their chosen career are still being granted H-1B visas by the USCIS.
However, this will require creativity from your petitioner when filing your application. Remember that you are competing with other applicants with bachelor’s, master’s, and other advanced degrees. We also recommend that you work closely with an immigration lawyer to help boost your chances.
The same applies to the fashion model subcategory. While the criterion may appear as simple as having distinguished ability or merit in the modeling industry, you will also be competing with people who combine both talents and higher academic qualifications.
According to immigration regulations guiding the H-1B adjudication, proving equivalence means providing evidence of achievement of a level of competence, knowledge, and practice in the specialty occupation that has been determined to be equal to that of a person who has a baccalaureate or higher degree in the specialty. This will be determined by meeting one or more of the following five conditions:
This criterion requires your petition to include an evaluation from a college official who has the authority to grant credit for training or experience in your specific field. The evaluation may involve interview sessions with you and your superiors in your present or past employment positions and a thorough review of your portfolio. If the official deems it fit, he or she may also visit your place of work to have first-hand information and documentation of the nature of projects you engage in.
Having the results of any of the recognized credit programs such as the Program on Noncollegiate Sponsored Instruction (PONOSI) or the College Level Examination Program (CLEP) is another way of making up for lack of a degree in the H-1B requirements.
Whichever program result you wish to use, make sure that it relates to the very specialty occupation in question. It is important to consult your immigration lawyer first to determine which equivalency examination will be most appropriate in your case.
If your qualifications were acquired outside the United States, your credentials will be evaluated to determine if it meets the equivalency of the U.S. degree. This will be conducted by a reliable credential evaluation service.
You can also qualify for an H-1B without a degree by presenting proof of registration or certification from a nationally-recognized professional organization in your field. Keep in mind that not all organizations will count for this criterion.
For an organization to be recognized, it must be one that grants certification only to those who have attained a certain level of accomplishments in the profession. Furthermore, your membership in the association must be based on merit and your personal past achievements in the field. You can increase your chances by submitting the association’s membership constitution to prove it meets the criterion.
Having ample experience in your field of specialty will be of substantial benefit to your case. The totality of your experience and practical training will be considered by the adjudicating officer in charge of your case.
According to this criterion, three years of specialized training and job experience will be considered to be equivalent to one year of college-level training that you lack. The job experience or specialized training must be seen to be directly related to the specialty occupation you are seeking to use for your H-1B.
It must also be established that you acquired your experience through years of working with subordinates, peers, and supervisors who have a degree or its equivalent in the field. This must be proven by at least one of the following:
The application process involves three major steps, which are the same if you are applying for an H-1B visa without a degree or with a degree. The steps are as follows:
The Labor Condition Application (LCA) is a prerequisite requirement for H-1B approval. It is overseen by the Department of Labor to ensure that the employment process between an H-1B worker and his or her employer is conducted according to the U.S. labor regulations.
The LCA contains information about the job title, duration, location, and wages. It also ensures that the employer’s current workforce will not be negatively affected if you were to be hired. It must be approved before your employer can submit the H-1B petition to the USCIS.
Once the LCA is approved by the DOL, your employer will submit the H-1B petition to the USCIS using an I-140, Petition for Alien Worker. The form must include all the required supporting evidence to establish your eligibility, including the approved LCA. How you present your petition has a significant impact on your approval chances. The average processing time for a properly filed I-140 is around six months, depending on the service center in charge of your case.
If you are applying from outside the U.S., you will have to go through consular processing to apply for a visa once the I-140 has been approved. This will be done at the U.S. embassy in your country of residence. Consular processing involves a one-on-one interview with a consular officer.
After receiving your H-1B visa, you will become eligible for permanent residency in the U.S., also known as a green card. To do that, you will have to file Form I-485, Adjustment of Status. In your case, the adjustment of status will involve upgrading your residency status in the U.S. to “permanent”. As soon as your I-485 is approved, you will receive a stamp on your passport, which means that you have a green card. In the following weeks, you should receive your actual physical green card.
You can apply for an H-1B visa using the regular application process or you can use premium processing. The regular processing time takes an average of six months. However, it can be much longer in some cases depending on factors that have to do with the applicant or the service center in charge of the case.
The H-1B premium processing service, on the other hand, guarantees a processing time of 15 calendar days before you receive a decision on your petition. It is a special service that costs an extra fee of $2,500. For those who can afford it, the premium processing service is an efficient way of expediting the process, especially if you want to resume your H-1B job without delay.
However, premium processing does not increase your chances of approval or selection in the H-1B lottery and it does not change the fact that all cap-subject petitions that are selected are not effective until October 1st of that same year. Therefore, it is important to speak with your immigration attorney to determine if premium processing is appropriate for your situation.
In 2020, USCIS implemented a new electronic registration process to monitor and operate the H-1B cap. This means that every H-1B petitioner must pay a $10 registration fee, including those that fall within advance degree exemption.
This H-1B rule requires petitioners to first submit names and other information about their prospective employees through the pre-registration system. The USCIS lottery will then select 85,000 registrations to go onto processing. Only the selected registrations will be eligible to file a petition. The H-1B visa processing commences earlier than April to allow petitioners enough time to complete their registrations.
It is recommended that you start gathering your documents to ensure that every necessary item is ready so that you can promptly and effectively file your application.
Check out this H-1B Guide!
The process of securing an H-1B visa without a degree can be complex and unfamiliar to many. Below you will find some useful tips:
Experience letter – you can include a letter from your current or previous employer in support of your H-1b application. The letter should have the dates of your employment and with a detailed and comprehensive job description. Then you can submit your letter to an evaluation company or for an evaluation from a college official. The evaluator must be authorized by the USCIS. The evaluator will analyze your experience and your duties during your employment. They will ultimately decide whether your experience qualifies as a four-year bachelor’s degree, and if it does, you will be able to apply for the H-1B visa.
Request for evidence (RFE) – you might be requested to provide more evidence during your application process. This is particularly true for people who apply for an H-1b visa without a degree. If you get RFE, there is nothing to worry about, as these applications usually receive more scrutiny from USCIS. You must comply with the USCIS RFE requirements and provide them with all the necessary evidential documents.
Schedule a consultation today and speak with VisaNation’s H-1B visa lawyers. Contact us to learn how we can help you get an approval of your H-1B petition in a timely and efficient manner.
Tags: H-1B Rules
