Eligibility Requirements for the H-1B

Eligibility Requirements for the H-1B

The H-1B Temporary Worker classification is designated by USCIS for non-U.S. workers in specialty occupations, defined as those positions requiring: 

  1. A theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation in such fields of human endeavor as architecture, engineering, mathematics, physical sciences, social sciences, medicine, health, education, business specialties, accounting, law, theology and the arts; AND
  2. A bachelor’s or higher degree in a specific specialty as a minimum entry into the occupation in the United States 

More specifically, the individual must possess a minimum of a bachelor’s degree in the required field for the position. Also, the position itself must require a bachelor’s degree in a specific field(s) of study relevant to the duties to be performed, and the required degree must be one which is a standard requirement for the position being offered. 

If one of the above requirements cannot be met, then the department should not submit the case to the Office of International Affairs and seek advice from the Office of International Affairs about other options.

Additional H-1B Requirements 

H-1B petitions are approved for a specific job in a specific location by a specific employer. Thus, if the individual will be employed by an affiliated faculty dental or physician practice association with a Federal Employer ID number different than Ohio State (31-6025986), then a second, subsequent H-1B petition must be filed. 

Note: This packet does not cover all possible aspects surrounding a particular individual’s circumstances; more information can be obtained by contacting an Office of International Affairs immigration coordinator.

van-buchem.1@osu.edu