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The
H1B Professional Work Visa is
available to foreign national workers whose position requires at least a
Bachelors degree (or its equivalent) to perform. The lack of a college education does not necessarily
preclude the applicant; however he or she does need to show a combination of
work and experience that would be considered equivalent to a Bachelors degree
in order to qualify. It is also
essential for the applicant worker to have an employer willing to file a
petition on their behalf.
The
Immigration Department is very strict on its standards for granting the H1-B Visa therefore it is crucial to
have all of one’s documentation in order before applying. If the alien cannot prove his or her
education and experience then a Work Visa will not be approved. Many professionals hoping to obtain the
H1-B received their education outside of the United States where the standards
for institutions of higher learning often vary from one country to the next. A credential evaluation service will
review your transcripts to ensure that they will meet Immigration standards. If you are unsure about your
credentials, contact the office of Darren Silver & Associates and we would
be happy to consult with you. The
general rule based on the guidelines set by USCIS (United States Citizenship
and Immigration Services) says that three years of work experience is equal to
one year of college. So there are
many different combinations of education and on-the-job experience that would
meet the requirements for this type of Work Visa.
Skilled
professional that work in specialty occupations such as accounting, computer
programming, web designing, engineering, doctors, nurses, scientists, lawyers
and architects are eligible to apply for an H1-B Visa. If approved, this non-immigrant work
visa will be issued for a period of three years. With an extension, one could remain working in the U.S. for a
total of six years. A maximum of
65,000 such visas are issued each year so it is critical to submit one’s
application in a timely manner. In
the event that the H1-B quota has been reached, the applicant must wait for the
next fiscal year to begin (October 1st) for his or her application
to be considered; however, the Immigration Department will allow you to file as
early as April 1st of that same year.
University
employees, non-profit entity workers, some researchers, and government agents
are exempt from the quota and may still apply even after 65,000 visas have been
issued. Other exemptions include:
-Persons
who have previously been counted against the H1-B quota (a person would only be
counted once the cap unless he or she has spent a year outside the U.S.,
thereby resetting the clock on the six-year limit).
-Physicians
who obtained a Conrad 20 waiver of the J-1 two-year home residency requirement
-Extensions
of stay granted to those already issued an H1-B Visa
-H1-B
amendments with the same employer which are not requesting an extension of stay
-Changing
of employers by persons already on H1-B status
-Persons
applying with an additional employer while maintaining their current employment
-Students
may also be granted certain exceptions with respect quota and filing deadline
As
stated earlier, the maximum duration of this type of work visa is 6 years. However, H1-B holders who have a Labor
Certification application pending for over 365 days or have approved immigrant
visa petitions can stay beyond the 6 year limit. Unlike other non-immigrant visas, the H1-B is a “dual
intent” visa, meaning that it will not be denied simply because the applicant
has applied for permanent residency.
A spouse or unmarried child of an H1-B Visa holder is entitled to an H-4
Visa, allowing them to remain in the U.S. for the same length of time as the
principal. These dependents cannot
accept employment but may attend school in the United States.
Ask
us about premium or expedited processing of your H1-B application.
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