September 23, 2021

What is the Best Foreign Worker Visa for Civil Engineers?

September 23, 2021

The United States is a melting pot of skills and ingenuity. And the H-1B visa program is one way that the United States provides opportunities for foreign workers in “specialty occupations” to apply their knowledge and skills on American soil.

The H-1B visa program fulfills a critical need for American labor, particularly in STEM (Science, Technology, Engineering, and Math) occupations. While many people may think of the H-1B visa program as being primarily for computer science positions, it is also a visa program for civil engineers.

How do civil engineers qualify for an H-1B visa?

To qualify for an employment-based visa under the H-1B program, foreign civil engineers must first be offered an approved position. Employers submit their petition to hire H-1B workers to the Department of Labor (DOL). The DOL then reviews the available job and ensures that it meets the prevailing wage standard for its occupational category with regard to the following:

Tasks
Required educational level
Technology skills
Compensation
Abilities
Work setting
Daily work activities
Compensation

This means that a civil engineer would be engaged in activities that includes:

Observing, receiving, and otherwise obtaining information related to their work from multiple sources;
Analyzing information and evaluating results to choose the best solution and solve problems both theoretically and in practice;

Follow Us On

Have a Question?

We offer world class communication and responsiveness to all of our clients and our comprehensive approach can simplify even the most complicated of visa programs.

More Information from Farmer Law

Immigration Law

Providing information to supervisors, co-workers, and subordinates by telephone, in written form, e-mail, or in person;
Drafting, laying out, and specifying technical devices, parts, and equipment related to the construction of infrastructure and other projects;
Evaluating information and processes to ensure they are compliant with laws and regulations.

Being a professional civil engineer virtually always requires at least a bachelor’s degree, and many positions even require a graduate degree. In accordance with the required educational level, skills, and knowledge needed to perform the duties of a civil engineer, employers who seek to employ foreign workers must be able to provide a comparable wage. This ensures that employers are not using foreign labor to avoid paying fair wages to American workers or take advantage of foreign worker visa beneficiaries.

Once an employer is approved to begin hiring workers and the employer’s requested position is certified by the Department of Labor, the employer must then make sure the prospective employee qualifies for the visa under the H-1B program.

To qualify for the H-1B visa, foreign workers must:

Hold the U.S. bachelor’s (or higher) degree required by the specialty occupation, not an unrelated field or a foreign degree that is the equivalent to the U.S. bachelor’s (or higher) degree required by the specialty occupation;
Hold an unrestricted state license, registration, or certification that allows them to fully practice the specialty occupation immediately in the state of intended employment if needed;
Demonstrate they have education, training, and professional experience of increasing responsibility that is equal to a U.S. bachelor’s (or higher) degree, if not a degree.

While there are many types of employment-based visas, the H-1B visa generally represents the best chance most skilled workers have to work legally in the United States. This visa also offers a pathway to citizenship should foreign workers choose. Historically, the denial rate for qualified applicants is low—ranging from under 6% to less than 2%. Despite the lottery system, many qualified individuals who apply for an H-1B visa at the right time, have a good chance of working in the U.S.

Why might civil engineers consider applying for an H-1B visa?

Foreign workers who qualify to work in the United States as civil engineers may have their best chance of legal entry through the H-1B program, in spite of—or perhaps because of—the relatively low number of foreign civil engineers in the United States on employment-based visas.

Reality shows that the United States has not made major infrastructure shifts in generations. According to the United States Bureau of Labor, more civil engineers are needed in coming years to manage projects to rebuild, repair, and upgrade bridges, roads, levees, dams, airports, buildings, and other important structures. Despite the need for those who can lead this work, the American civil engineering labor market is projected to grow only at half the expected rate of the average of all occupations, let alone high-need jobs coming down the pipeline.

What is the process for applying for an H-1B visa?

When applying for the H-1B program, it’s important that employers and employees alike understand that H-1B is a temporary nonimmigrant visa category. The initial duration of an H-1B visa is three years, and it may be extended for a maximum of six years. Each year, the United States’ H-1B program has a numerical cap of 65,000 new visas, with an additional 20,000 petitions filed on behalf of beneficiaries with master’s degrees — or higher — from a U.S. institution of higher education. This means that many who enter the United States with a bachelor’s degree, but earn a master’s while they are here on a temporary work visa, may find themselves exempt from the cap, making them more attractive to potential employers.

How can Farmer Law help?

The H-1B visa program provides a number of benefits both to U.S. employers who struggle to find qualified talent, as well as foreign students (whether in the U.S. or abroad) who may be considering their future pathways. Farmer Law can help employers who work with students, interns, or other J-1 visa beneficiaries plan for their future needs. If you need more information about H-1B eligibility for civil engineers or the application process, schedule a consultation with the experienced employment immigration attorneys at Farmer Law today.

Farmer Law PC is Proud to be Named a 2023 Aggie Honoree!

Farmer Law PC is Proud to be Named a 2023 Aggie Honoree! AUSTIN, TX - October 31, 2023 -…

Understanding the TN Visa Duration and Extensions: A Guide for Employers

Blog Understanding the TN Visa Duration and Extensions: A Guide for Employers Navigating the intricacies of immigration law can be…

Understanding the TN Visa Application Process: Fees and Costs for Employers

Blog Understanding the TN Visa Application Process: Fees and Costs for Employers As an employer, navigating the intricacies of immigration…

Get in touch with us

Solve Your Labor Problem

The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.

What is the Best Foreign Worker Visa for Civil Engineers?

How do civil engineers qualify for an H-1B visa?

Follow Us On

Have a Question?

More Information from Farmer Law

Immigration Law

Why might civil engineers consider applying for an H-1B visa?

What is the process for applying for an H-1B visa?

How can Farmer Law help?

Recent Posts

Farmer Law PC is Proud to be Named a 2023 Aggie Honoree!

Understanding the TN Visa Duration and Extensions: A Guide for Employers

Understanding the TN Visa Application Process: Fees and Costs for Employers

How can Farmer Law help

Get in touch with us

Get in touch with us

Solve Your Labor Problem

Immigration Law

Join Our Newsletter