The H-1B visa is an excellent way to obtain work authorization in the United States. The H-1B visa eventually facilitates the permanent residency process, the green card, because it is not subject to the doctrine of immigrant intent. This means that a qualified immigrant may process her/his permanent residency, or green card, while she/he works in the United States with an H-1B visa.
The H-1B visa is the visa set aside for "professionals". According to federal regulations the position to be filled by the foreign worker must require the services of a professional, and obviously, the foreign worker must qualify as a professional.
For immigration purposes, a professional is defined as someone with a United States four year Bachelors degree or the equivalent. If the foreign worker's education is not the equivalent of a U.S. four year Bachelors degree, the regulations provide that the person's experience can be factored into the determination. Three years of on the job experience are equivalent to one year of U.S. level university education. Therefore, it is entirely possible for someone with zero university education and twelve years of experience to qualify as a professional eligible for the H-1B visa. Likewise, someone with one year of university level education and at least nine years of experience qualifies as a professional and so on.
In determining whether a position requires the services of a professional both the INS and the Department of Labor look to the general practice in the industry. If the minimum requirement for entry into the field is a Bachelors degree, then the position is considered to be professional in nature. For example, a Bachelors degree in electrical engineering is not required for employment as an electrician but it is required for an electrical engineer.
