So I am self-taught engineer without any equivalent of education. I've been a working remotely for a US company (without contract, just hourly payments) for 2.5+ years. They will to transfer me to US. So do I.

In case I-129 Form is approved by USICS, can I apply and hope for Visa issuing without meeting basic requirements of H-1B visa programm? Which is Bachelor Degree or equivalent.

I do not stand any chance to make an equivalent of B.D. in Computer Science just by 3 years of work.

So is there any point for me to try to get visa without this?

I was thinking that if employer is fine with my absence of diploma, and he still submits I-129 with rate of pate higher than 60.000$ per year, that this will make me "exempt" from Cap and rules to conform to B.D. requirement. Is that so?

That is an extract from I-129 that grounded up my hope

  • It would be best to ask your employer. Jul 22, 2017 at 15:03

1 Answer 1


As I understand it the CAP exemption solely exempts you from the numerical cap on H-1B's in the law, instead letting you participate in a somewhat larger limit that comes from the regulations. Essentially all it does is improve your odds in the H-1B lottery; it doesn't reduce the required qualifications.

Note that "equivalence" to a 4 year undergraduate degree is covered in 8 CFR 214.2(h)(4)(iii)(D)(5) and generally equates 1 year of post-secondary education with 3 years of relevant experience, so you may need 12 years of experience to match a Bachelor degree. A good lawyer can sometimes work miracles, but bridging that gap seems like a stretch.

What I'm confused about, however, is why you are fixating on an H-1B? Given that the move is with an employer you already work for it seems to me an L-1 might be a better bet; an L-1 still has a "specialized knowledge" requirement but that specialized knowledge can be about your employer's particular business rather than a strictly academic qualification, as I understand it.

In any event, your case has sufficient complications that if the company wants you they really need to hire a good lawyer to figure out whether and how to proceed. Trying to do this without one seems quite risky.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.