Eligibility for H-1B status depends on two criteria:
1) The employee must be a "professional" with a Bachelor's
degree in a specialty field (or equivalent education and experience); and
2) The normal requirement for the job is a Bachelor's
degree in a specialty field.
For example, the normal requirement for a Chemist is a degree
in Chemistry, and the normal requirement for an Electrical Engineer is a degree
in Electrical Engineering. However, a person who does not have a degree,
but has many years of experience in the field, may still be eligible for H-1B
Fast processing is crucial to the H-1B case, since the
new employee cannot begin work until the H-1B petition is filed or approved.
Normally we can file the petition within a day or two after receiving the
necessary information and documents (see,
Summary of H-1B Procedure).
The H-1B portability rules make it easy to hire professionals who are
already in H-1B status, by allowing the employee to begin work as soon as the
petition is filed. Those who are already in H-1B status (or who had
H-1B status at any time during the past year) also can avoid the H-1B quota.