Yelena recently got an opportunity to relocate to the Netherlands for work. Which of the following is one of the criteria she must meet to petition an H- 1B visa
Have professional references from prior employers
Complete a cultural training course about the country they are relocating to
Be paid at least the actual or prevailing wage for their occupation
Already have a place of residence set up in the Netherlands
Be paid at least the actual or prevailing wage for their occupation
The criteria that Yelena must meet to petition an H-1B visa is:
- Be paid at least the actual or prevailing wage for their occupation.
To determine which of the given options is one of the criteria Yelena must meet to petition an H-1B visa, we need to understand the basic requirements for an H-1B visa.
The H-1B visa is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Here are the general eligibility criteria for an H-1B visa:
1. The job must be a specialty occupation, which typically refers to a position that requires theoretical or technical expertise in a specific field.
2. The petitioner (Yelena's potential employer) must file a Labor Condition Application (LCA) with the U.S. Department of Labor, stating that they will pay Yelena at least the actual or prevailing wage for her occupation.
3. Yelena must possess at least a bachelor's degree or the equivalent in education, training, or experience in the field related to the specialty occupation.
4. Yelena's employer must file Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS), along with supporting documents.
5. Yelena must not have any disqualifying factors, such as a criminal record or previous immigration violations.
6. Yelena must intend to enter the United States temporarily, solely for the purpose of employment in the specialty occupation.
Now, comparing these criteria with the given options:
1. "Have professional references from prior employers": While professional references can be helpful for the visa application process and may support a candidate's qualifications, this is not specifically listed as a mandatory criterion for H-1B visa eligibility.
2. "Complete a cultural training course about the country they are relocating to": While cultural training courses can be beneficial for individuals relocating to a new country, it is not a specific requirement for an H-1B visa.
3. "Be paid at least the actual or prevailing wage for their occupation": This is indeed one of the criteria for obtaining an H-1B visa. The employer must attest that Yelena will be paid at least the actual or prevailing wage for the position.
4. "Already have a place of residence set up in the Netherlands": Having a place of residence in the Netherlands is not a criterion for obtaining an H-1B visa.
Therefore, the correct answer is: Yelena must be paid at least the actual or prevailing wage for her occupation to petition an H-1B visa.