What are the main requirements for an H-1B visa?

The main requirements for an H-1B visa are:

1. The job must be either in a "specialty occupation", i.e., a professional field, or as a fashion model.
   • a "specialty occupation" is one which requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and requires completion of a specific course of education culminating in a baccalaureate degree in a specific occupational specialty, e.g., architects, teachers, engineers, scientists, etc.
   • fashion models, on the other hand, do not have to meet the specialty occupation requirements; instead, they must establish that they possess "distinguished merit and ability," e.g., national or international renown, etc.
2. The applicant must actually have the necessary credentials, e.g., the baccalaureate degree in the particular specialty.
   • If a license is required to practice the particular occupation, then the applicant must possess the necessary license.
3. The job must actually require the services of someone who possesses the credentials of a professional, or alternatively of a fashion model. This means that the INS may scrutinize certain job offers as being bogus--if it suspects that the job offer is made for immigration reasons alone.
4. The applicant must NOT have reached his or her six year limit of stay in either the H-1B category or in the L-1 category. For example, if someone has worked for company X in the L-1 category for three years, and for company Y in the H-1B category for another three years, then that person cannot renew the H-1B visa to work for company Y or for any other company, until he or she remains abroad for a one year period.
5. The employer must pay the applicant the prevailing wage in the area, or the wage it pays other workers in its company, whichever is greater.