Getting H-1B even though job does not require college degree

I sometimes get inquiries from people who are interested in gaining H-1B status. However, they are concerned about the fact their job does not require a bachelor degree.

I tell them that I have been able to get H-1B status for such people in the past. While a bachelor degree requirement can be important in a job description for H-1B, such a requirement is not mandatory.  That is, even without such a requirement, a person still can get H-1B status for such a job. The key, though, is to show that the job is sufficiently complex so as to require such a degree.

How can you do so? Look at the job description, and analyze why certain aspects are complex. Also, look at listings for similar positions at other companies, for example on web sites such as monster or careerbuilder. Another method is to get an expert opinion letter. In one of my cases a client support agent job at a software company had no bachelor degree requirement. However,  I provided a job description and other information to an associate of mine, a retired chief information officer at several major US companies. This person wrote a letter after reviewing the information, and stated his opinion that the job was complex enough to require a bachelor degree.

As a result of my efforts, and this letter, my client received H-1B status.

In other words, even if your job description doesn't require a college degree, you still might be able to get H-1B status through that job.

This information does not constitute legal advice.