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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. – JonathanReez Jul 22 '17 at 15:03
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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.

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