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The right to obtain an H-1B work visa is available to workers with specialized skills, such as engineers, architects, accountants, and programmers.
A degree at the bachelor's, master's, or higher level in the relevant field or its equivalent obtained outside the USA (must be proven as equivalent to a US degree).
If education is less than 4 years, relevant work experience is required.
Work experience is evaluated at a rate of 3 years of work for each missing year of education.
A written employment contract between the foreign employee and the American company is mandatory for obtaining the H-1B visa. In the absence of an official contract, a document describing the terms of employment can be used.
The employer must file a petition.
The employer must file a labor condition application, which must be approved by the US Department of Labor no later than 6 months before the start of employment.
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