Most prospective H-1B employees and employers begin with either of the following two questions: “I would like to work in the U.S. using an H-1B visa, but am not sure if I qualify,” or “I want to hire a foreign worker but I’m not sure if the individual qualifies for an H-1B visa.”

It is mandatory that both the proffered position and prospective employee qualify for the H-1B visa. This article will explore the importance of educational and/or experience equivalency evaluations, and explain certain precautions that an employer or a prospective H-1B employee can take, in order to avoid a potential request for evidence (RFE) or denial of the H-1B nonimmigrant petition.

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