Hi I\'m a fully qualified teacher in Australia. I have ben employed here for the last 2 months. My main probelm is that everything I read about the H Visas say that I need to have the equivalent degree as well as 3 years experience. Is this the rule for all positions? All together I\'ll have only 6 months experience, after all I have only just graduated and am only 21. But I am a great teacher and really want to work in the US. I guess my question is - is there anyway I can get sponsorship for more than 6 months without this 3 years experience? If not how do young people get sponsored to work in the US??
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Seeking sponsorship but only 21yrs old
- Thread starter Jo-Anne
- Start date
Himanshu Shah
Registered Users (C)
There is no such rule as 3 yr experience.
If your employer is ready to sponsor yr H-1 then you can get an H-1. Also make sure you talk with an immigration attorney.
If your employer is ready to sponsor yr H-1 then you can get an H-1. Also make sure you talk with an immigration attorney.
Joanne, you are correct
If the degree is equivalent to a 4 year US Bachelor\'s degree, there should be no requirement for 3 years experience. Now all you need to do is find an employer who is willing to sponsor the H-1. To INS, 3 years experience=1 year college, assuming that the experience is "progressive". No experience should be necessary to qualify for an H-1 in your case. Maybe your age is throwing people off. Did you do 12 years of education prior to entering college? You\'re really going to need to have your education evaluated by a professional to get a definite answer. If the normal Bachelor\'s requires 16 years of education you shouldn\'t have a problem.
Jim
If the degree is equivalent to a 4 year US Bachelor\'s degree, there should be no requirement for 3 years experience. Now all you need to do is find an employer who is willing to sponsor the H-1. To INS, 3 years experience=1 year college, assuming that the experience is "progressive". No experience should be necessary to qualify for an H-1 in your case. Maybe your age is throwing people off. Did you do 12 years of education prior to entering college? You\'re really going to need to have your education evaluated by a professional to get a definite answer. If the normal Bachelor\'s requires 16 years of education you shouldn\'t have a problem.
Jim
Gabriel Jack
Registered Users (C)
No Title
If you like, I will be happy to have an education evaluation performed for you by the people we work with. It is only a $50 usd charge, and if it is determined to be equivalent to a U.S. degree, we can move forward in getting an H-1. That is, of course, if you can get an employer who is willing to hire you. Recently, I have been getting a lot of teachers from the Philippines who teach in the Math and Sciences. There seems to be an especially high demand in the San Francisco Bay area. You might check there.
Gabriel D. Jack
Attorney at Law
gjack@gabejack-law.com
If you like, I will be happy to have an education evaluation performed for you by the people we work with. It is only a $50 usd charge, and if it is determined to be equivalent to a U.S. degree, we can move forward in getting an H-1. That is, of course, if you can get an employer who is willing to hire you. Recently, I have been getting a lot of teachers from the Philippines who teach in the Math and Sciences. There seems to be an especially high demand in the San Francisco Bay area. You might check there.
Gabriel D. Jack
Attorney at Law
gjack@gabejack-law.com
srikanthsiva
Registered Users (C)
They say Degree is required, but not really
I have a friend who is on H-1 without a degree!
He has 6 years work experience though.
All these are just requirements that should be met but they do bend it a little. There is always no harm in trying. People always told me that you can only obtain ONE OPT(practical training card) after graduation. I got 2 without even leaving the country. 1 for my undergrad and 1 for my Masters. The INS people are humans not machines...just write a letter explaining your situation along with your H-1 petition.
I have a friend who is on H-1 without a degree!
He has 6 years work experience though.
All these are just requirements that should be met but they do bend it a little. There is always no harm in trying. People always told me that you can only obtain ONE OPT(practical training card) after graduation. I got 2 without even leaving the country. 1 for my undergrad and 1 for my Masters. The INS people are humans not machines...just write a letter explaining your situation along with your H-1 petition.
Yes, a degree is "REALLY" required!
There is no 2 ways about this. The person needs the equivalent of a 4 year US bachelor\'s degree. Experience can be used (usually) in lieu of experience on a 3 years of experience for 1 year of college level education basis.
For INS to approve an H-1 where there is no showing of a bachelor\'s degree or the equivalent thereof is a mistake on their part. INS sometimes does make these errors but don\'t count on it and it does not change the fact that approval is an error.
Jim
There is no 2 ways about this. The person needs the equivalent of a 4 year US bachelor\'s degree. Experience can be used (usually) in lieu of experience on a 3 years of experience for 1 year of college level education basis.
For INS to approve an H-1 where there is no showing of a bachelor\'s degree or the equivalent thereof is a mistake on their part. INS sometimes does make these errors but don\'t count on it and it does not change the fact that approval is an error.
Jim
srikanthsiva
Registered Users (C)
Degree requirement can be waived
I dont mean to refute this but the degree requirement can be waived if a particular person has extensive knowledge on a certain specialty.
Like my friend knew some super specialized stuff.
In Malaysia, i have seen advertisments where people have advertised that they are looking for skilled workers in the US and that no degree is required. And my friend applied for it and he is currently working for a VERY large company in the US. So it was not an error on INS part.
People tend to forget and assume that INS are machines that just process papers after papers. They do go case by case and if a good reason is presented in any case....they will take that into consideration.
My GF (who is from India)was a student in NY and she applied for an EAD card. She got a job as a tutor(off campus). Well according to INS, F-1 students cannot work of-campus. But the place that wanted to hire her wrote a nice letter stating that they need her services.
And believe it or not, she got a 2 year work permit(this was not a OPT card or an H-1, but just a temporary EAD card). and she got her 1 year OPT after that. Hmmmmm, was that an error?
I dont mean to refute this but the degree requirement can be waived if a particular person has extensive knowledge on a certain specialty.
Like my friend knew some super specialized stuff.
In Malaysia, i have seen advertisments where people have advertised that they are looking for skilled workers in the US and that no degree is required. And my friend applied for it and he is currently working for a VERY large company in the US. So it was not an error on INS part.
People tend to forget and assume that INS are machines that just process papers after papers. They do go case by case and if a good reason is presented in any case....they will take that into consideration.
My GF (who is from India)was a student in NY and she applied for an EAD card. She got a job as a tutor(off campus). Well according to INS, F-1 students cannot work of-campus. But the place that wanted to hire her wrote a nice letter stating that they need her services.
And believe it or not, she got a 2 year work permit(this was not a OPT card or an H-1, but just a temporary EAD card). and she got her 1 year OPT after that. Hmmmmm, was that an error?
srikanthsiva
Registered Users (C)
Can u imagine if Bill Gates was a foreigner
Imagine if Bill Gates was a foreigner, Do u think he would have been denied a H-1 just because he does not have a degree???
Imagine if Bill Gates was a foreigner, Do u think he would have been denied a H-1 just because he does not have a degree???
EQUIVALENCY!!!
Bill Gates, to use your example, has the EQUIVALENT of a Bachelor\'s degree. As I previously stated, to get an H-1, the person MUST have a Bachelor\'s degree or the EQUIVALENT. INS has no discretion in this since the requirements are in the Immigration and Nationality Act.
Jim
Bill Gates, to use your example, has the EQUIVALENT of a Bachelor\'s degree. As I previously stated, to get an H-1, the person MUST have a Bachelor\'s degree or the EQUIVALENT. INS has no discretion in this since the requirements are in the Immigration and Nationality Act.
Jim
What statute, law, regulation or memorandum provides INS with this authority?
This is from www.immihelp.com. You will find similar language on every attorney website that discusses the H-1 visa.After establishing that a particular position qualifies as a specialty occupation, the employer must show that the foreign worker sought meets the requirements needed to engage in a specialty occupation.
The person must hold a U.S. bachelor\'s or higher degree from an
accredited college or university and the degree must be required
to qualify in the specialty occupation.
If the person holds a foreign degree, then that degree must be
determined to be the educational equivalent of a U.S. bachelor\'s
degree. In some cases, a person may obtain an educational
equivalence through a combination of education, specialized
training or progressively responsible work experience. Three years
of specialized experience is generally considered equivalent to
one year of college education.
Jim
This is from www.immihelp.com. You will find similar language on every attorney website that discusses the H-1 visa.After establishing that a particular position qualifies as a specialty occupation, the employer must show that the foreign worker sought meets the requirements needed to engage in a specialty occupation.
The person must hold a U.S. bachelor\'s or higher degree from an
accredited college or university and the degree must be required
to qualify in the specialty occupation.
If the person holds a foreign degree, then that degree must be
determined to be the educational equivalent of a U.S. bachelor\'s
degree. In some cases, a person may obtain an educational
equivalence through a combination of education, specialized
training or progressively responsible work experience. Three years
of specialized experience is generally considered equivalent to
one year of college education.
Jim
srikanthsiva
Registered Users (C)
JIM.....u contradict yourself
Earlier you posted that there was no two way about this, when i stated that my friend had no degree but he had 6 years experience and that u claimed that it was a mistake on INS part....
And then you went on to say that Bill Gates\'s(assuming if he was a foreigner) experience alone can qualify him for an H-1 eventhough he has no degree.
So the conclusion to all this is that.....The degree requirement CAN be waived if the experience alone is good enough....Do you agree with this statement? that was what i was trying to say!
Earlier you posted that there was no two way about this, when i stated that my friend had no degree but he had 6 years experience and that u claimed that it was a mistake on INS part....
And then you went on to say that Bill Gates\'s(assuming if he was a foreigner) experience alone can qualify him for an H-1 eventhough he has no degree.
So the conclusion to all this is that.....The degree requirement CAN be waived if the experience alone is good enough....Do you agree with this statement? that was what i was trying to say!
Contradictory how???
In the message you reference, I stated "There is no 2 ways about this. The person needs the equivalent of a 4 year US bachelor\'s degree. Experience can be used (usually) in lieu of experience on a 3 years of experience for 1 year of college level education basis."
I clearly stated that experience could be used in lieu of education. What part of the 3 years experience to 1 year of education equation do you not understand?
Jim
In the message you reference, I stated "There is no 2 ways about this. The person needs the equivalent of a 4 year US bachelor\'s degree. Experience can be used (usually) in lieu of experience on a 3 years of experience for 1 year of college level education basis."
I clearly stated that experience could be used in lieu of education. What part of the 3 years experience to 1 year of education equation do you not understand?
Jim
srikanthsiva
Registered Users (C)
Jim, read message 3, posted by you
The title says" YES, Degree is really required"!
The title says" YES, Degree is really required"!
You need to read the WHOLE message to understand what it means
Message 3 is quoted below. It contains the excerpt that I quoted but it\'s below in its entirety.
There is no 2 ways about this. The person needs the equivalent of a 4 year US bachelor\'s degree. Experience can be used (usually) in lieu of experience on a 3 years of experience for 1 year of college level education basis.
For INS to approve an H-1 where there is no showing of a bachelor\'s degree or the equivalent thereof is a mistake on their part. INS sometimes does make these errors but don\'t count on it and it does not change the fact that approval is an error.
That doesn\'t seem contradictory to me.
Jim
Message 3 is quoted below. It contains the excerpt that I quoted but it\'s below in its entirety.
There is no 2 ways about this. The person needs the equivalent of a 4 year US bachelor\'s degree. Experience can be used (usually) in lieu of experience on a 3 years of experience for 1 year of college level education basis.
For INS to approve an H-1 where there is no showing of a bachelor\'s degree or the equivalent thereof is a mistake on their part. INS sometimes does make these errors but don\'t count on it and it does not change the fact that approval is an error.
That doesn\'t seem contradictory to me.
Jim