What are the legal requirements for working nationally?

What are the requirements to process a US working visa?

• I have an employer in US and i wish to process a working visa for me to live and work in US. But i have no idea what are the requirements and steps in processing a working visa. I am working now in Cyprus, but my wife is in Cebu, Phil. Is it possible if she will be the one to work on my visa since there is a US consul in Cebu?

• Answer:

  Firstly, to be eligible for a work visa (H1-B), you must first possess at least a bachelors degree *and* the job that you are applying for must also require at least a bachelor's degree. Secondly, the employer must prove that there are no other USC available to fulfill this role and thus they must advertise the job for at least 6months. Finally, if the above conditions are met then employer may file a petition for you no later than April 1st of the current year for an October start date of the same year. If the H visa is granted, then your wife would obtain an H4 visa-- and no, she would NOT he eligible to work on this visa. In any case, I suggest that this company hire an AILA approved attorney to determine if their company and the position available to you qualifies for a visa. I also suggest this because it is the employer, not you, who must start the ball rolling.